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

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