Tag: Labour Relations Act (LRA)

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.

Workplace bullying transcends mere professional misconduct; it is a violation of human rights that undermines employee dignity and wellbeing. Bullying manifests in various forms - verbal, emotional, psychological and even through passive-aggressive behaviours such as exclusion and gossip. In South Africa, the implications of workplace bullying extend beyond moral concerns, as it infringes on constitutional rights.

In South Africa's shifting labour landscape, union representation is being tested and pushed to new limits. The case of AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Limited) v National Union of Metalworkers South Africa (NUMSA) and Others (CCT 188/22) [2024] ZACC 13 has sparked a significant debate challenging the traditional scope of union activities and raising critical questions about legal jurisdiction and worker representation. This case serves as a pivotal moment in understanding the complexities of union eligibility across diverse industries.

An increasing number of jurisdictions are embracing digital nomads as a potential source of economic good, lightly taxed but who contribute to the fiscus through their daily and considerable spending habits. South Africa is no exception, following some recent exciting developments within the immigration policy space.

There is a rare opportunity to right a lot of South Africa’s wrongs in one go. Corruption and unemployment are two major roadblocks. Permit me to explain how they can be simultaneously addressed within the current administration. I suggest an amnesty largely on the African National Congress (ANC’s) past wrongdoing in office in return for liberalisation of labour laws. This may be for a bit further down the line.

Claire Turner | Provincial Manager | CEO | Consolidated Employers Organisation (CEO SA) | mail me | Employers might face situations where witnesses necessary for...