Where a company anticipates removing a director from their office as director and as an employee of the company, the procedure will be governed by both the Companies Act and the Labour Relations Act. Section 213 of the Labour Relations Act (LRA) provides that an employee is anyone other than an independent contractor who works for another person or assists in conducting an employer’s business. In Chilliebush v Commissioner Johnson & Others (2010), the Court had to consider the...

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...