Employers are often faced with situations where employees are absent from the workplace for long periods. It is important to follow a proper procedure to deal with these situations. Here are some tips on what you need to know when dealing with the desertion of employees: There is a duty on an employer to contact an employee who does not report for duty to establish his/her whereabouts. This should be done from the first day of absence. Employers should keep a record of all the attempts made...

On 08 February 2021, the Minister of Employment and Labour published increases to the earnings threshold in the Basic Conditions of Employment Act (BCEA) and the minimum wage in terms of the National Minimum Wage Act 9 of 2018 (NMWA). BCEA Earnings Threshold Section 6 (3) of the BCEA prescribes an earnings threshold above which the conditions as set out in chapter two of the BCEA, will not apply.   This threshold has been increased to R 211 596.30 per annum or R 17 633.02 per month. This...

I am sure that many chairpersons and employers will agree; it is a common cause that the EFF nowadays makes their appearances at workplaces concerning labour-related issues. These include the demand to represent employees at disciplinary hearings and further issuing demands to employers of such workplaces. When employers do not meet demands, it often leads to unsolicited and disruptive activities such as unprotected strikes.  The question then arises “Does the EFF have the right to act in...

Employers often find themselves in a difficult situation where an employee committed a criminal offence outside the workplace. It is important for the employer to know when he/she can institute disciplinary proceedings against the employee in such instances. Firstly, it is essential to know that if the employee commits an offence when he/she is not on duty the employee may still be associated with the employer's company when the employee is wearing his issued uniform or the employee is driving...

Despite the fact that there already exists two Bargaining Councils and a Sectoral Determination, regulating the food, catering, restaurant and fast food industry nationally and provincially, the Minister of Employment & Labour allowed the registration of yet another Bargaining Council in the same or similar industry. On 8 January 2021, she extended the Bargaining Council’s main agreement for the Fast Food, Restaurant, Catering & Allied Trades (BCFFRCAT) to non-parties in the industry....