Geldenhuys CJ at Law

Geldenhuys CJ at Law Geldenhuys CJ at Law is a law firm in Pretoria specialising in labour law, and related issues.

06/03/2024

Increase in Basic Conditions of Employment Act Earnings Threshold for 2024

Jan du Toit

Section 6 of the Basic Conditions of Employment Act makes provision for the Minister of Employment and Labour to determine an earnings threshold.

The effect of such threshold is that it excludes employees earning above the determined amount from the protection offered to employees under certain sections of chapter 2 of the Act. Chapter 2 of the BCEA primarily deals with the regulation of working hours of employees.

Additionally, as per sections 198, 198 A, B, C and D of the Labour Relations Act, employees earning below the earnings threshold are considered to be vulnerable and are entitled to additional protection pertaining to non-standard employment arrangements such as fixed term contracts, labour broker and part-time employees.

As from the 1st of APRIL 2024, the earnings threshold will be increased from R241110.59 per annum (R20092.54 per month) to

Read More...
https://labourguide.co.za/employment-condition/remuneration/increase-in-basic-conditions-of-employment-act-earnings-threshold-for-2024

12/11/2023

Killing Time Might Kill Your Case

This article delves into a recent case that sheds light on the significance of prompt and consistent disciplinary action when dealing with employees who report for duty under the influence of alcohol. While it may seem surprising that an employee, previously warned for a similar offence, was not dismissed for intoxication-related misconduct, the heart of the matter lies in the delayed disciplinary process.

2023/11
By Kenneth Lennox, Dispute Resolution Official at Consolidated Employers Organisation (CEO SA)

Intoxication in the workplace and employees reporting for duty under the influence are considered serious forms of misconduct. Employers routinely grapple with such offences. Recently, there have been cases involving intoxicated employees that have garnered attention in the labour arena. At first glance, these cases may seem troubling for employers, but it is crucial to examine them closely before jumping to immediate conclusions.

Read More...
https://labourguide.co.za/misconduct/dismissals/killing-time-might-kill-your-case

14/06/2023

Breathalyser results as evidence

For the past couple of decades, law enforcement and employers alike relied on breathalysers to determine whether alcohol is present in the bloodstream of an individual, detectable in the person’s breath. As a result of testing positive for alcohol on the breath of an employee, especially in zero tolerance workplaces, many employees have been dismissed in the past.

By Jan du Toit, Director at Labour Guide.
2023/06

It is important to distinguish between testing positive for alcohol on the breath of an employee and such individual being under the influence of alcohol. Being under the influence of alcohol implies that the individual was not capable of safely performing his duties. In this regard, the breathalyser reading or indication of alcohol on the breath of the test subject, will be considered in addition to other evidence such as witnesses testifying to the behaviour of the subject at the time of the breathalyser examination. In other words, did the employee display telltale signs of being under the influence of alcohol, such as:

- Slurred speech
- Bloodshot reddish eyes
- Droopy eyelids
- Overly aggressive, friendly, or emotional behaviour
- Unsteady stance
- Etc.

A recent non-reportable Labour Court judgement, and subsequent misguided media publications, have resulted in uncertainty among employers regarding whether the results of a breathalyser examination may still be used to establish guilt for wrongdoing in the workplace. According to some news articles, employers are no longer allowed to dismiss employees for testing positive for alcohol based on a breathalyser examination only. The aforementioned is misleading, as stated.

Read More...
https://labourguide.co.za/misconduct/other-misconduct/breathalyser-results-as-evidence/

24/04/2023

NEW CCMA RULES AND FORMS 2023

IMPORTANT UPDATE

The CCMA has published its long-awaited amendments to the rules for proceedings before the Commission. As a result of these amendments, updated LRA forms were also published (referral forms such as the LRA 7.11).

The CCMA rules and LRA forms can be downloaded free of charge from our website here.

https://labourguide.co.za/misconduct/free-downloads-misconduct/new-ccma-rules-and-forms-2023/

We will soon present a morning workshop, discussing the amended rules in detail.

21/02/2023

The case of the employee who misrepresented his qualifications

Umgeni Water v Naidoo and Another (11489/2017P) [2022] ZAKZPHC 72 (15 December 2022)

“Oh, what a tangled web we weave when first we practice to deceive.”[1]

By Tessa Kassel (General, Domestic and Professional Employer’s Organisation)
2023/02

An employee, one Sheldon Naidoo (SN), who worked at Umgeni Water was appointed as part of the employer’s graduate programme. One of the requirements for admission was that the candidate must possess a degree in chemical engineering.

SN had attached a chemical engineering degree, which he claimed was conferred on him by the University of KwaZulu-Natal, to his application form.

Eight years went by before the validity of SN’s qualification was tested when he applied for another position as a process technician. He had to once again attach his qualification to the application form. It was then that Umgeni Water queried the validity of the degree.

Read More...
https://www.labourguide.co.za/recent-articles/2932-the-case-of-the-employee-who-misrepresented-his-qualifications

31/08/2022

MEDIA RELEASE

31 August 2022

Newly amended Employment Equity (EE) Act to aid workplace transformation in SA to come into operation on 01 September 2023

The amended Employment Equity (EE) Act of 1998 to empower the Employment and Labour Minister to regulate sector specific EE targets and to regulate compliance criteria to issue EE Compliance Certificate in terms of Section 53 of the EE Act will come into force on the first of September 2023

Read More...
https://www.labourguide.co.za/recent-articles/2909-newly-amended-employment-equity-ee-act-to-aid-workplace-transformation-in-sa-to-come-into-operation-on-01-september-2023

06/05/2022

Labour Guide - Your guide to labour law in South Africa

27/04/2022

Moonlighting has become more common for those looking to make some extra money, but do employees need to disclose their side businesses to their employers, especially when a conflict of interest is possible?

16/02/2022

Pas gehoor dat ons saak namens Sakeliga, teen die BEE regulasies van die Minister van Finansies wat dit onmoontlik sou maak vir nie-swart sakeondernemings om met die staat sake doen, in die Konstitusionele Hof suksesvol was. Die uitspraak was met 'n meerderheid van 5 teen 4 en dit is sover ek weet, die eerste keer dat die Konstitusionele Hof bevind dat BEE maatreels te ver gegaan het. Die wiel draai stadig maar seker.

13/02/2022

A recent judgment in the Labour Appeal Court (LAC)[ has re-emphasized that employees have a duty of good faith to their employers, by disclosing material activities that may result in a conflict of interest, say associates from Webber Wentzel.

08/02/2022

MEDIA RELEASE

08 February 2022

MINISTER THULAS NXESI ANNOUNCES 2022 NATIONAL MINIMUM WAGE INCREASES

Employment and Labour Minister, TW Nxesi, announces that the National Minimum Wage (NMW) for each ordinary hour worked has been increased from R21,69 to R23.19 for the year 2022 with effect from 01 March 2022.

This announcement is in terms of Section 6 (5) of the NMW Act, No 9 of 2018, to amend the NMW contained in Schedule 1 and Schedule 2 of the National Minimum Act, published under Government Notice No. 44136.

As in previous years, the adjustment provides exceptions for several worker groups, including:

·Farmworkers are entitled to a minimum wage of R23.19 per hour;
·Domestic workers are entitled to a minimum wage of R23.19 per hour;
·Workers employed on an expanded public works programme are entitled to a minimum wage of R12.75 per hour;
·Workers who have concluded learnership agreements contemplated in section 17 of the Skills Development Act, 1998 (Act No 97 of 1998), are entitled to allowances contained in schedule 2.

It is illegal and unfair labour practice for an employer to unilaterally change working hours or other employment conditions in order to implement the NMW. The NMW is the amount payable for ordinary hours of work and excludes payment of allowances (such as transportation, tools, food, or lodging), payments in kind (board or lodging), tips, bonuses, and gifts.

The Act of 2018 requires the NMW Commission to review the rates on an annual basis and make recommendations to the Minister on any changes to the national minimum wage, while also taking into account alternative viewpoints, including those of the general public.

The Commission considers the following factors when determining the annual adjustment: inflation, the cost of living, and the need to maintain the value of the minimum wage; gross domestic product; wage levels and collective bargaining outcomes; productivity; employers' ability to carry on their businesses successfully; the operation of small, medium, or micro-enterprises and new enterprises; and the likely impact of the recommended adjustment on employment or the creation of employment.

Employees earning more than R224 080,48 (two hundred and twenty-four thousand and eighty rand, forty-eight cents) per year are exempt from sections 9, 10, 11, 12, 14, 15, 16, and 17(2) and 18(3) of the Basic Conditions of Employment Act (BCEA) as of March 1, 2022. These sections protect vulnerable employees by regulating, among other things, working hours, overtime, and compressed schedules. working time, average hours of work, meals interval, daily and weekly rest periods, pay for work on Sundays, night work, and work on public holidays.

The Department has identified an error in the published BCEA gazette that incorrectly states the effective date as 1 March 2021; this error is currently being reviewed and will be corrected. The correct date of effect is 1 March 2022.

The tables for the adjustments to the Contract Cleaning, Wholesale and Retail sectors, and learnership allowances rates are available on the departmental website www.labour.gov.za

Media enquiries:

Petunia Lessing
Acting Chief Director: Communication
066 301 4645/ [email protected]

“Covid-19 is still around, therefore, adhere to the regulations”

-ENDS-

View the National Minimum Wage in the Government Gazette
https://www.labourguide.co.za/workshop/2056-new-minimum-wages-effective-from-01-march-2022/file

25/01/2022

Media Release
25 January 2022
Employment and labour on employment of foreign nationals in South Africa

The Department of Employment and Labour (DEL) has identified a gap in the general understanding and knowledge of services and programmes provided by the Department, more especially since the matter on employment of foreign nationals in South Africa featured extensively in the media recently and the Department under the leadership of Minister Thulas Nxesi felt it important to put into context the role of the Department of Employment and Labour and the existing legislative framework.

Read More...
https://www.labourguide.co.za/recent-articles/2845-employment-and-labour-on-employment-of-foreign-nationals-in-south-africa

Address

Unit 1, 42 Ingersol Road, Lynnwood Glen
Pretoria
0081

Opening Hours

Monday 07:00 - 16:00
Tuesday 07:00 - 16:00
Wednesday 07:00 - 16:00
Thursday 07:00 - 16:00
Friday 07:30 - 14:00

Telephone

+27123445130

Website

Alerts

Be the first to know and let us send you an email when Geldenhuys CJ at Law posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Geldenhuys CJ at Law:

Share