Do I Still Accumulate Annual Leave Whilst On Maternity Leave?
In terms of section 20(2)(b) of the Basic Conditions of Employment Act, annual leave must accumulate for the period in which the employee worked or was entitled to be paid. The Act does not specify who should pay the employee, only that the employee must have been entitled to payment. If an employee is absent from work without leave or permission, they are not entitled to compensation and therefore, annual leave will not accumulate during periods of unauthorised absence. When on...
Removal Of A Director – Would It Fall Under The Ambit Of Labour Law?
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...
DYK – Payment Of Accumulated Leave On Termination Of Employment Is Not Always Compulsory
An employer has no obligation to pay an employee’s accumulated annual leave entitlement on termination of the employee’s contract of employment if said employee has not worked for longer than four months. In terms of Section 40(c) of the BCEA (Basic Conditions of Employment Act), which deals with payment to an employee on termination of employment, the Act states that an employee that has been in employment for longer than four months is entitled to 1 day's remuneration for every 17 days...
Episode 108: Unilateral Changes To An Employee’s Employment Conditions And The Risks Involved
SEESA Labour Legal Advisors, Nicolan Achary and Candice Govender discuss unilateral changes made by an employer to an employee's employment conditions. They explain what unilateral changes entail and the possible adverse consequences employers may suffer by implementing changes without following a proper consultative process. Click play to listen to our podcast! Should you require advice or assistance to lawfully effect changes to employees' terms and conditions of employment, please contact...
In The Latest Labour Relations Act Judgement, The Pendulum Swings Where An Applicant Cannot Appear At The Arbitration Proceedings.
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...
What Are The Implications For Not Submitting A Workplace Skills Plan (WSP) And Annual Training Report (ATR) By The Due Date?
Once the system closes on the 30th of April each year, no further submissions can occur. The implications for not submitting a Workplace Skills Plan (WPS) and Annual Training Report (ATR) by the due date are: The Mandatory Grant of 20% Skills Development Levies will be forfeited;It may cause rejection of the Mandatory Grants in the following year, as your company will be seen as a first time participating company if one year was skipped;BBBEE ratings may be negatively impacted where Skills...
The Positive Effect Of The COVID-19 Pandemic On Skills Development.
During Level 5 and 4 - lockdown regulations, Training Officers who would travel locally and internationally to offer on-the-job training could no longer travel. Employees could not attend training or practical training workshops, and teachers and children could not go to school. Despite the restrictions, SEESA focussed on some positive results the COVID-19 pandemic had on Skills Development for employees professionally and personally. Live Webinar Training Courses As an accredited training...
DYK – Domestic Workers Must Be Registered With The Compensation Fund?
As of 10 March 2021, new regulations in terms of Domestic workers have been gazetted. This means that all employers who employ a Domestic Worker must be registered with the Compensation Fund and have to submit an annual return of earnings. This means that Domestic Workers will be entitled to compensation if they suffer an injury on duty. This was confirmed by the Constitutional Court case of Mahlangu and Another v Minister of Labour and Others [2020] ZACC 24. According to the Basic Conditions...
Episode 107: Unsure About The Future Of Employment Equity And What Possible New Regulations To Look Out For?
SEESA Senior Skills Development Facilitators Hein Pretorius and Natasha Seris, review and analyse the 2021 Employment Equity roadshow hosted by the Department of Labour. They highlight possible new regulations for all companies to note and discuss the advantages of being a SEESA Skills Client. Click play to listen to our podcast! Contact your SEESA Skills Development Facilitator to assist your business with any Skills Training questions you might have. Alternatively, please leave your contact...
The Progression Of The National Minimum Wage
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...