Tag: Labour Relations Act (LRA)

South Africa’s new Code of Good Practice: Dismissal took effect, replacing the previous codes on dismissal and operational requirements. The new dismissal code, guided by the Labour Relations Act 66 of 1995 (LRA), offers employers practical guidance on handling dismissals related to misconduct, incapacity and retrenchments.

When provident fund contributions are not paid, it is the beneficiaries who suffer the most. A reconsideration application before the Financial Services Tribunal confirmed that employers remain bound to honour their obligations. This applies regardless of the probationary status of employees or any transfer of business.

When an employee has been unfairly dismissed, the Labour Relations Act (LRA) prescribes reinstatement as the remedy. The employer can depart from this only if it shows good reason. Full reinstatement requires the employer to pay the employee all remuneration accrued between the date of dismissal and the date of reinstatement.

In Mqikela vs Pristo Response Trading, the South African Labour Court found that a supposed retrenchment had masked the real reason for dismissal. The employee had referred an unfair labour practice (ULP) dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). This case exemplifies an automatic dismissal due to ULP.

In the dynamic landscape of workforce management, the concept of retirement age holds both rational and practical importance. For employers, understanding the legal framework is crucial. It helps ensure compliance and supports adaptation to evolving standards.

In South Africa, labour law is designed to protect employees from unfair dismissal. The Commission for Conciliation, Mediation and Arbitration (CCMA) requires employers to tread carefully, especially when navigating fixed-term contract terms.  

In the coming weeks, South Africans of various faiths will observe significant religious holidays, including Easter. The tension between religious beliefs and workplace demands can cause issues for both employers and employees. These issues arise especially if job requirements are not explicitly and clearly stated in an employment contract.

In an era marked by rapid change and uncertainty, South Africa’s latest adjustment to the Basic Conditions of Employment Act (BCEA) earnings threshold offers a timely lifeline for businesses under pressure. The minister announced a modest 2.9% increase, which aligns with the November 2024 inflation rate.

South African businesses face an environment where many employees, especially in lower income segments, cannot afford basic healthcare services. Medical aid remains unaffordable for most workers, even when subsidised, exacerbating the existing healthcare access disparities.

AI-driven recruitment raises critical concerns about bias, fairness and legal accountability in modern hiring practices. There is mounting foreign case law that provides both employers and Artificial Intelligence (AI) developers with significant food for thought.