In a watershed judgment, the Constitutional Court has authoritatively held that the Prescription Act, which provides that most civil debts are extinguished after 3 years, does not apply to arbitration awards handed down in the employment law context.
The Member’s Bill recently submitted to Parliament proposing enhanced paternity and adoption leave for employees remains under consideration, as does the proposal made towards the end of 2016 regarding a national minimum wage of R20/hour or R3500 per month.
The South African chicken sector is on the verge of collapse, as large quantities of cheap imported chicken flood the local market, forcing out local producers.
a recent ruling by the Constitutional Court confirmed, in no uncertain terms, that racism in the workplace will not be tolerated, and that employees who are found guilty of racism can expect to receive the harshest of punishments for their actions. However, the case also confirms that employers need to act procedurally correctly when seeking to dismiss employees guilty of alleged racism in the workplace.
the panel appointed to advise on the level at which the country’s national minimum wage should be set, has proposed that this amount should be ZAR3500.00 per month. The proposal is one of a number of measures aimed at seeking to ensure stability in the labour market, by reducing income poverty and inequality. Currently, 47% of those who work earn less than this proposed minimum wage amount.
the trade union, NUMSA, has expressed its unhappiness with the proposed national minimum wage of ZAR3500.00, stating that it would consider renewed strike action if the current proposals were adopted.
it is thought that the proposals on a national minimum wage contributed, to some extent, to the various investment rating agencies electing not to downgrade South Africa to “junk” status, following their recent ratings inspections.
The wage negotiations in the retail motor industry are coming to a head. As things stand, following unsuccessful negotiations between the dominant union in the industry, the National Union of Metalworkers South Africa (NUMSA), and the Retail Motor Industry Organisation (RMI), NUMSA could give the retail motor industry 48 hours’ notice of its intention to strike over its demands in relation to, amongst others, wage increases for the next three years.
Harassment in the workplace in South Africa is primarily regulated by the Employment Equity Act (EEA), which categorises the harassment of an employee as a form of unfair discrimination. However, a recent judgment indicates that claims of harassment can also be brought under a more recent piece of legislation, namely the Protection from Harassment Act (the Harassment Act). The significance of the case is, firstly, that it indicates that employees who experience harassment in the workplace that may not qualify as unfair discrimination under the EEA (e.g. if the harassment is not due to race, gender or some other ground of discrimination), could potentially obtain a remedy under the Harassment Act instead and, secondly, a single act is unlikely to qualify as harassment (under the Harassment Act at least).
A private members bill has been tabled in Parliament, which contains a proposal to afford 10 days of paid parental leave to employees (either male or female) on the birth of their child or in the case of adoption or surrogacy. The proposed amendment is also aimed at catering for