Archives: Labour Laws

Proposed Amendments to Labour Relations Act, 1995 (“LRA”) Background:   The National Economic Development and Labour Council (“NEDLAC”) recently issued a report on proposed amendments to the LRA, the Basic Conditions of Employment Act, 1997 (“BCEA”) the National Minimum Wage Act, 2018 (“NMWA”) and the Employment Equity Act, 1998 (“EEA”). The proposed amendments have been … Read more

Adjustments of the wage rates in the National Minimum Wage Act, 2018 effective 01 March 2025.   The National Minimum Wage Act (“Act”) and Adjustments:   The purpose of the National Minimum Wage Act 9 of 2018 is to advance economic development and social justice by improving the wages of lowest paid workers. The Act … Read more

Case:   Ndzeru v Transnet National Ports Authority and Others (C369/2020) [2023] ZALCCT 11; [2023] 6 BLLR 565 (LC); (2023) 44 ILJ 1307 (LC) (16 March 2023).   Background:   Mr Ndzeru (the employee) was employed by Transnet National Ports Authority (the employer) as a marine shore hard at the Cape Town harbour. The employee … Read more

Unfair labour practice dispute on demotion, fairness and duress.  Case:  Labour Court (LC) in Komatsu Mining Corporation Group v Metal and Engineering Industries Bargaining Council and Others (JR2725/21) [2024] ZALCJHB 361 (29 October 2024) Background: On 03 May 2001, Mr. Conference Zwane (“the employee”) was hired by Komatsu Mining Corporation Group (“the employer”) as a … Read more

Case:   Labour Appeal Court (LAC) in Sun International Management Limited v Sayiti (JA13/23) [2024] ZALCJHB 411 (21 October 2024).   Background:   On 16 March 2015, Mr. Lucky Thandikaya Sayiti (“the employee”) was hired by Sun International Management Limited (“the employer”) to serve as the marketing manager for the Employers East Africa and Southern … Read more

Case: Khanya Cleaning Group (Pty) Ltd vs SATAWU, NUMSA & CCMA & 1 OTHER (PR32/23)   Background: A contract cleaning service provider, Khanya Cleaning Group (Pty) Ltd (“the Applicant”), provided services to a tyre manufacturing business (“its client”). The cleaning contract between the Applicant and its client elapsed by effluxion of time, however, the contract … Read more

In South Africa, regular business hours are regulated in terms of Chapter 2 of the Basic Condition Employment Act No.75 of 1997(BCEA), which regulates all business hours, including overtime. The BCEA operates in conjunction with the Code of Good Practice on the Arrangement of Working Time (“the Code”) to provide information and guidelines to employers … Read more

Overview: The Commission for Conciliation, Mediation, and Arbitration (CCMA) recently arbitrated an unfair dismissal dispute between Ms. Refilwe Matinkentsa (“the employee”) and Dis-Chem Pharmacies Ltd (” the employer”). The employee claimed she was unfairly dismissed for incapacity on the grounds of ill health on 4 July 2024. In the referral for arbitration, the employee alleged … Read more

Overview: The Minister of Employment and Labour formally signed and enacted two key regulations to the Compensation for Occupational Injuries and Disease Act 130 of 1993 (COIDA) for the Compensation Fund on 7 June 2024, with the objective of safeguarding workers who suffer from respiratory illnesses. The Regulations on Irritant-Induced Asthma and the Regulations on … Read more

The interpretation of section 76(1)(b) of the Labour Relations Act.   Case:   National Union of Metalworkers of South Africa v Trenstar (Pty) Ltd (CCT 105/22 [2023] ZACC 11 (Trenstar).     Introduction:   The general rule is that an employer may not use replacement labour, known as “scab labour”, to perform the work of … Read more

CASE: O’Connor v LexisNexis (Pty) Ltd [2024] ZALCPE 11 (11 April 2024) Background: This case concerns the refusal of the respondent to employ the applicant on the grounds of his criminal record. During December 2023 the respondent, a well-known publisher of legal and other academic texts, advertised a position it wanted to fill in its … Read more

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  Case: Eskom Holdings Ltd v Solidarity o.b.o. Anusha Govender and Others (JR 265/20) (judgment 2 November 2023). Background: In this case, following the organisational review of the structure within the Security Division at Eskom (“the employer/Eskom”), a vacant senior managerial position of Senior Business Enablement Manager (“the position in issue”) was created. Once the … Read more

New earnings threshold   Labour and Employment Minister Thulas Nxesi has announced a new annual earnings threshold under the Basic Conditions of Employment Act, 1997 (BCEA) which will have implications for South African employees. In a gazette published on Tuesday (05 March 2024), the Minister announced that the annual earnings threshold will be raised to … Read more

CASE: Seokwane v Bidvest Prestige Cleaning Services (Pty) Ltd (Case No. JS 1040/20, Labour Court Johannesburg) (8 November 2023) BACKGROUND FACTS: Section 187(2)(b) of the LRA provides that a dismissal based on age is fair if the employee has reached the normal or agreed upon retirement age for persons employed in that capacity. This case … Read more

Non-compliance “Gunned” down CASE: Case: Gunn v Hoogengyk and Another (J 1031/15) [2023] ZALCJHB 130; [2023] 8 BLLR 787 (LC) (6 May 2023) BACKGROUND (FACTS): The applicant, Mr. Gunn, was employed by SA Timber as a sales representative and dismissed for gross negligence. Aggrieved by his dismissal, Gunn referred a dispute to the CCMA and … Read more

Case: South African Municipal Workers Union v Minister of Co-operative Governance and another (Case No. J 945/23, Labour Court Johannesburg) (17 November 2023) Issue: Rights of Municipal Workers to Hold Political Office – the constitutionality of the 2022 amendment to the Local Government: Municipal Systems Act 32 of 2002 (the Systems Act). Background: The Systems Act … Read more

Case: Van Wyk and Others v Minister of Employment and Labour and Others (Case No. 2022-017842, Gauteng High Court) (25 October 2023) Background: The recent High Court case involving the Van Wyks and their demand for equal parental leave has been widely shared and commented upon. Here we give you all the details in plain language … Read more

Case: Sanlam Life Insurance Limited v Mogomatsi and Others (CA12/2022) [2023] ZALAC 15 (17 August 2023) Facts: Mr. Mogomatsi was a Senior Penetration Tester: IT Infrastructure Shared Services at Sanlam Life Insurance Limited. Mogomatsi resigned from Sanlam’s employ and referred a constructive dismissal to the CCMA. The Commissioner had regard to all the incidents that Mogomatsi had … Read more

Case: South African Revenue Services (SARS) v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others (JR 2243/21) [2023] ZALCJHB 222 (21 July 2023). Facts: Mr. Mathebula was employed as a Junior Investigator by SARS. On or about 7 September 2020, Mathebula advised his supervisor, Mr. Mantsho, that he was not feeling well. Mantsho accepted … Read more

Case: Marasi v Petroleum Oil and Gas Corporation of South Africa (C219/2020) [2023] ZALCCT 34 (27 June 2023) Facts: In 2018, the Constitutional Court in the matter of Minister of Justice and Constitutional Development and Others v Prince [2018] (6) SA 393 (CC), effectively legalised the private cultivation, use and possession of cannabis for private … Read more

Case: Aminto Precast and Civil Engineering CC v CCMA and Others (JR 790/22) [2023] ZALCJHB 55; [2023] 6 BLLR 521 (LC); (2023) 44 ILJ 1491 (LC) (17 March 2023) Facts: Mqokolo (employee) was employed as a driver of heavy-duty vehicles by Aminto (employer). With the arrival of Covid-19, the employer faced a severe slump during … Read more

CASE: Toyota SA Motors (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (DA6/ 2021) [2023] ZALAC 5 (14 February 2023) BACKGROUND: The employee worked for Toyota SA Motors (Pty) Ltd (employer), since 21 March 2010 as a crane driver. He was employed on a three-month fixed-term contract. His contract was repeatedly renewed … Read more

Case: SA Municipal Workers Union on behalf of Morwe v Tswaing Local Municipality & others (2022) 43 ILJ 2754 (LAC). Background: The appellant trade union had brought an urgent application in the Labour Court in terms of section 77(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA) claiming that their member’s employment contract … Read more

Case: Association Mineworkers and Construction Union obo the AMCU Members v T.W. Civils and Earthmoving (PTY) Ltd and Another (J 1066/2020) [2022] ZALCJHB 223 (8 August 2022). Background: In this case, the trade union sought to hold the employer and its directors in contempt of court for their alleged failure to comply with an order … Read more

New earnings threshold Labour and Employment Minister Thulas Nxesi (Nxesi) has announced a new annual earnings threshold under the Basic Conditions of Employment Act, which will have implications for South African employees. In a gazette published on Monday (20 February 2023), Nxesi announced that annual earnings threshold will amount to R241,110.59 per annum. This represents … Read more

Case: Truworths Limited v MTM obo M Mochekgechekge (2022) In a ground-breaking Judgment penned in SeSotho by Acting Judge Smanga Sethene, the Labour Court had to consider an application brought by Truworths to review a decision of the CCMA. The Labour Court disagreed with the CCMA’s ruling that overturned the company’s decision to dismiss Maphasha … Read more

Facts of case: In the case of NUMSA obo Nhlabathi and 1 Other v PFG Building Glass (PTY) Ltd (JR 1826 /2020) [2022] ZALCJHB 292 (1 December 2022), two employees (Applicants) tested positive for cannabis whilst on duty. The Respondent had a zero-tolerance policy on alcohol and drug abuse. The Applicants both pleaded guilty to the charge … Read more

On the 28th of July 2022, the Minister of Employment and Labour published notice 1275 of 2022 under Government Gazette 46884, in terms of section 57(1) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993, (COIDA) as amended which came into effect on 1 April 2022. The following amendments have been made: … Read more

Case: In a recent judgment delivered on 10 August 2022 in the case of Slo Jo Innovation (Pty) Ltd v Beedle and Another (J 737/22) [2022] ZALCJHB 212, Slo Jo Innovation (Pty) Ltd (the applicant) filed an urgent application to enforce a restraint of trade undertaking contained in the first respondent’s (Ms Beedle) contract of … Read more