Until recently, it was trite law that if a party to a dispute cannot appear (either in person or represented) at the arbitration proceedings, and that party had referred the dispute to the Commission, the Commissioner may dismiss the matter. Typically, in the instance where the applicant is a no show a dismissal ruling will follow.[1] In the two latest Court rulings, however, the Judges have taken a different stance and this shapes how the CCMA will now deal with the non-attendance of the...

By now, all employers in South Africa will know the National Minimum Wage Act, seeing as this Act determines the minimum payment for various employees across South Africa. The National Minimum Wage Act was first introduced in January 2019 and regulates payments for different Sectors such as Wholesale and Retail, Farmworkers, and Domestic Workers, to name a few. The National Minimum Wage Commission should annually assess and review the national minimum wage. The Minister of Employment and...

With employers reopening for business after a well-deserved break during the December closure, many employers are faced with employees failing to report for duty. Most employers would agree that there are disruptions in operation due to employees failing to report for duty. The courts have endorsed the concept of corrective or progressive discipline, especially regarding less serious misconduct. In terms of Codes of Good Practice, employers should make the necessary efforts to correct...

It is common to find foreigners employed within a workplace in South Africa, specifically Zimbabwean Nationals.  Business Owners were recently confronted with the impact the Governments’ recent decision to revoke Zimbabwean Exemption Permits (ZEP’s) for Zimbabwean Nationals has on their business. ZEP’s, previously known as ZSP (Zimbabwean Special Dispensation Permits,) were implemented by Cabinet during 2009 in an attempt to assist and aid Zimbabwean Nationals in their quest to seek...

The South-African Labour law does not deal with the situation where an applicant was offered a specific position or employment opportunity by an Employer of which the offer was accepted, but only to be taken away before the commencement date or undersigning of the official Contract of Employment. Does the offer of employment constitute a legally binding contract, and will this piece of paper be worth its weight in gold if one wishes to take it to the altars of Justice? In short, yes, any type...