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...

Your business may be struggling to meet clients' demands for a specific BEE level. Adding to this stress is the worry that failing to score well on the priority elements could prevent you from achieving the required BEE level. This situation can quickly turn BEE compliance into a barrier to your business's growth. But it doesn't have to be that way. One key priority element, Enterprise and Supplier Development (ESD), carries substantial weight. When managed correctly, ESD can significantly...

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...

Firstly, let's delve into the legal aspect. According to Section 23(1) of the Basic Conditions of Employment Act, an employer is not obligated to remunerate an employee for sick leave if the employee is absent from work for over two consecutive days, or more than twice within an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee's absence on account of sickness or injury....