Chapter 5 of the Employment Equity Act 55 of 1998 (hereinafter called EEA) provides that every employer must take steps to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice. Section 6 provides that no person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practise, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or...

The Basic Conditions of Employment Act, 75 of 1997 (“BCEA“), specifically prescribes additional payment for employees who are required to work on public holidays. If an employee works on a public holiday, he must be paid double the wage for work on that day. Employers should also take note of the fact that section 18(1) of the BCEA states that no employer may require any employee to work on a public holiday unless the employee agrees thereto. This requirement does not apply to employees who...

When considering the charge of failing to comply with a lawful instruction given from a superior the charge is self-explanatory. An instruction given from a superior is deemed as lawful and reasonable if it falls within the employment scope of the employee. This additional instruction will become an added responsibility expected of the employee. If an employee deliberately refuses to do what is expected of him by his subordinate and does not apply the necessary mind to the importance of this...