All employees have the right to freedom of association and freedom of disassociation, as outlined in Point 18 of the Bill of Rights of South Africa. This means employees can choose to join a registered trade union if they wish. Rights of Trade Unions in the Workplace The rights a union has in your workplace depend on the percentage of employees who are union members. This is calculated as follows: (Number of Union Members ÷ Total Workforce) × 100 = Percentage of Union Membership...

As a business owner or employer in South Africa, making sure you comply with the Employment Equity (EE) Act isn’t just about following the law—it’s about building a diverse and inclusive workplace. Recently, Labour Minister Nomakhosazana Meth highlighted the need for faster employment equity policies and announced plans to hire 20,000 labour inspectors to check if businesses are meeting these requirements. This means it’s time to evaluate your company’s current EE practices. Why Is EE...

As an employer, you may wonder if you have any rights when an employee abuses sick leave. What if someone calls in sick but isn’t really ill? Two key cases, Woolworths (Pty) Ltd v CCMA and SARS v CCMA, help answer this question. Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration (2022) In this case, an employee told his manager he was too sick to come to work. However, it was later discovered that he had travelled with his father for an hour to attend...

When charging employees, it’s crucial for employers to clearly communicate allegations and provide adequate information for preparation. The case of Murray and Roberts Cementation (Pty) Ltd v Association of Mine Workers and Construction Union obo Dube and Others (JA96 / 2022) highlights the importance of this practice. In this case, an employee was dismissed for poor work attendance, including unauthorised absences and misuse of sick leave. However, during the hearing, the employer...

For companies with multiple shareholders, a Shareholders Agreement (and corresponding Memorandum of Incorporation) is essential. Here’s how it will benefit your business by addressing key areas: Ensuring Compliance: Enhances adherence to the Companies Act, offering greater clarity and structure. Managing Shareholder Disputes: Provides clear procedures for resolving conflicts among shareholders. Regulating Share Transfers: Specifies how shares can be transferred or sold, ensuring smooth...

Understanding how to calculate the value of an employee's unused annual leave in Rand can be confusing for some employers. This can often lead to disputes when an employee leaves the company. The calculations and examples below are based on the Basic Conditions of Employment Act. Accrual of annual leave for employees working 5 days per week These employees should get 15 working days of annual leave, which adds up at 1.25 days per month. Accrual of annual leave for employees working 6 days per...

What is incitement? The definition of incitement in terms of labour law was affirmed in the case of Albion Services CC v CCMA (2013) ZALCD 12, where the court held that the test for incitement is whether the employee had the intention to reach and sought to influence the minds of his/her fellow employees. The court further held that the means adopted by the employee to incite the other employees are of second importance. Must the other employee be aware that their actions are unlawful? In...

In a groundbreaking decision, the Labour Appeal Court reversed the Labour Court's ruling in Bernadette Enever vs. Barloworld Equipment, setting a new precedent that challenges the extent to which company policies can intrude into employees' private lives. The employee’s services were terminated after repeatedly testing positive for cannabis in her system. The employee, who used cannabis to manage severe anxiety, argued that her consumption, which occurred outside of work hours, did not impair...

Business Rescue is a Lifeline for Financially Distressed Companies – But Timing is Everything In the wake of increasing economic pressures and unforeseen global crises, the concept of Business Rescue emerged as a source of hope for companies teetering on the brink of financial collapse. With a noticeable uptick in applications for business rescue reported by the Companies and Intellectual Property Commission (CIPC), it's clear that this mechanism is being recognised not as an admission of...

The National Bargaining Council for Road Freight and Logistics Industry (NBCRFLI) is a compulsory Bargaining Council, which means that even if your Company contains one truck that carries, transports and stores freight for transport for reward, your Company does need to go through the process of registering with the NBCRFLI.  What is Road Freight? Road freight is cargo movement between two places (a place of loading and a place of unloading) using power vehicles via a road...