Labour Law

Workplace grievances are an inevitable part of any organizational environment. In South Africa, the management of grievances is not guided by any statute, but if not properly managed may lead to allegations of unfair discrimination, unfair labour practice, constructive dismissal disputes and in extreme case, industrial action by an aggrieved workforce. Understanding how to effectively…

In South Africa, the distinction between contractors and employees is critical for both legal and practical reasons, impacting tax obligations, rights, and responsibilities under various employment laws. Understanding these differences is essential for employers and workers alike to ensure compliance with South African legislation. Legal Definitions Key Differences When a Contractor May Be Regarded as…

Retrenchment, often viewed as a last resort for employers whose businesses is forced to reevaluate their business models due to their operational requirements such as economic, structural and/or technological changes. Retrenchment is governed by specific provisions in South African law, primarily outlined in the Labour Relations Act (LRA) and the Basic Conditions of Employment Act…

In South Africa, the regulation of deductions from employee remuneration is primarily governed by the Basic Conditions of Employment Act (BCEA). Understanding the legal framework surrounding deductions is crucial for both employers and employees to ensure compliance and protect rights. Permissible Deductions According to the BCEA, the following deductions from an employee’s remuneration are permissible:…

Introduction In the realm of employment law, the concepts of restraint of trade and golden handcuffs often emerge as mechanisms for employers to protect their business interests. In South Africa, these legal tools are governed by common law principles and various statutory provisions, balancing the rights of employees and the interests of employers. Restraint of…

In South Africa, employee mobility within an organization—whether through transfers, promotions, or demotions—can have significant legal implications. These movements must comply with various employment laws and principles to avoid potential disputes or claims. Key legislation, such as the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA), provides a framework for understanding…

In the South African workplace, the concepts of discipline and performance management are critical to maintaining an effective and productive environment. While both processes aim to address employee behaviour and performance, they serve distinct purposes and are governed by different principles under South African employment legislation, notably the Labour Relations Act (LRA). Understanding Discipline Disciplinary…

In South Africa, a probation period is a common feature in employment contracts, allowing employers and employees to assess the suitability of the employment relationship. It should be noted that save for dismissals based upon probation, the labour statutes do not govern probation. A probation period therefore comes with its own set of advantages and…

Maintaining workplace discipline is crucial for fostering a productive environment and ensuring compliance with South African labor laws. The Labour Relations Act (LRA) and the Code of Good Practice: Dismissal provide guidelines for establishing effective disciplinary procedures that promote fairness and transparency. 1.      Purpose of Disciplinary Procedures Disciplinary procedures serve to maintain order, correct…

An employment contract is a fundamental document that outlines the rights and obligations of both the employer and employee. Under South African law, specifically the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA), several key terms must be included to ensure compliance and protect the interests of both parties. In accordance…