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Training workshop on the Implementation of the Employment Equity Act as amended

Plans, Committees, Meetings and Reports 19 April 2023: Birchwood Hotel: Boksburg The imminent implementation of the Employment Equity Amendment Act, on 1 September 2023, signals a more aggressive approach to transformation which focuses on enforcement measures as well as sectoral targets being introduced.  The most notable amendments to be introduced by the amendment Act include […]

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The Difference between an Independent Contractor and an Employee

An independent contractor can be defined as a juristic person or entity contracted to work for or provide services to another juristic person or entity who is not eligible for employee benefits or social security benefits such as UIF (Unemployment Insurance Fund), and who is liable for their own taxes. The definition of an employee […]

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Protected Strike Action: Participation by Non-Unionised Employees

From 05 October 2021 to 22 October 2021, NUMSA embarked on Protected Strike Action in the Metal and Engineering Industry. The duration of this Strike Action led to some confusion about who may lawfully partake in the strike, particularly because of the plethora of trade unions within the industry. What one may not consider, however, […]

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Substantively Unfair Dismissals: Reinstatement is the primary remedy

The Constitutional Court has re-affirmed, in a judgment handed down on 19 October 2021 in the matter between Booi v Amathole District Municipality and Others (CCT 119/20) [2021] ZACC 36, that reinstatement is the primary remedy for a substantively unfair dismissal even in the face of allegations of an intolerable employment relationship. In this matter […]

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Employee Absence based on Religious Beliefs or Cultural Convictions

In the South African working environment, one rich with an array of religions and cultures, employers may be faced with absences which do not seem to fall within the ordinary categories of leave, namely, annual leave and sick leave. This article is predominantly concerned with the incidents of employee absence occasioned by the calling to […]

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The Employment Equity Amendment Bill contains a number of provisions which, if it becomes law, will have serious implications for employers. These include the following: The new Act would empower the Employment and Labour Minister to identify national economic sectors and then determine employment equity targets for these. These would effectively become quotas. State contracts […]

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This article deals with whether a Covid-19 vaccination may be legally required in the workplace.

COVID-19 Vaccinations in the Workplace

Section 8 (1) of the Occupational Health and Safety Act 85 of 1993 (OHSA) requires an employer to provide and maintain a safe and healthy working environment for all employees. The OHSA further requires employers to ensure, as far as is reasonably practicable, that all persons who may be directly affected by their activities (such […]

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This picture shows what conciliation is and how it works.

What is conciliation and how does it work?

In Labour Dispute Resolution (JUTA, 2004) authors John Brand and Felicity Steadman define conciliation as a process by which a conciliator appointed by the CCMA, a bargaining or statutory council, or an accredited agency helps the parties to a dispute (such as an alleged unfair dismissal dispute, for example) try to reach a settlement.  This […]

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