Tag: Webber Wentzel

The Labour Appeal Court has ruled against an employer's reliance on collective misconduct for shrinkage in an unfair dismissal case, reinforcing the importance of evidence and the burden of proof placed on the employer. The concept of collective misconduct applies when employers address misconduct involving multiple employees.

A recent Supreme Court of Appeal (SCA) judgement has clarified that a capital gain distributed from one trust to a second and then to a natural person beneficiary must be taxed in the hands of the second trust, not the natural person.

New National Minimum Wage (NMW) hourly rates, which will have a significant impact on labour-intensive industries, were published by the Minister of Employment on 21 February 2023, in line with section 6(5) of the National Minimum Wage Act. They will take effect from 1 March 2023.

The National Budget delivered by South Africa’s Minister of Finance, Enoch Godongwana, showed that government is making some significant financial commitments to restore Eskom to viability and maintain social grants. But with GDP growth projected at 1.4% on average from 2023 to 2025, and a potential tapering-off of the commodities boom over the medium term, how will government fund these commitments?

In a recent judgment, the Labour Court has confirmed that instituting a claim for unlawful termination may follow an unsuccessful claim for unfair dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA). However, the principle of Res Judicata still applies where litigants formulate such a claim on the grounds of fairness.

The Labour Appeal Court recently issued an order refusing to grant leave to appeal against the judgment of the Labour Court, after the Labour Court reinstated an employee who was dismissed for voicing her dissatisfaction with the company’s policy on wearing high-heeled shoes on mine premises.

Unfair discrimination on the grounds of pregnancy is prohibited under South African law. Despite the protections afforded to employees who are pregnant, or who intend to become pregnant, and the many inroads South African labour legislation has made on gender equality, provisions and practical application may be inadequate.

Zimbabwean Exemption Permits (ZEP) have been extended for another six months and additional internal changes have been made to South Africa's visa processing system.

A reduction in carbon emissions is integral to South Africa's global commitment to achieve net zero. The South African government strategically introduced carbon tax to combat global warming by encouraging a low carbon economy.

The Broad-Based Black Economic Empowerment (B-BBEE) Commission’s latest report on empowerment trends shows a decrease in overall black ownership, as well as in black women ownership. The B-BBEE Commission has released its annual trends report for the 2021 calendar year.