Latest news

PSA rejects call to ban cellphones at Department of Home Affairs front desks

EWN reports that the Public Servants Association of SA (PSA) has condemned a suggestion by Parliament's home affairs portfolio committee to ban cellphone use during working hours at the front desks at the Department of Home Affairs.  

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Forcing pension fund to invest in bankrupt SOEs could lead to court challenge

BL Premium reports that one of SA's largest fixed-income lenders says any attempt by the government to force pension funds to invest in bankrupt state-owned companies (SOEs) is likely to spark a Constitutional Court (ConCourt) challenge.  

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'Opportunists' used the picture to 'spread hate', says suspended Schweizer-Reneke teacher

The Citizen reports that at a press conference held by trade union Solidarity, suspended Schweizer-Reneke teacher Elana Barkhuizen was in tears as she read out a statement in Afrikaans.  

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Sibanye, Lonmin extend merger longstop date to 30 June following appeal by Amcu

Mining Weekly reports that precious metals miner Sibanye-Stillwater and platinum group metals miner Lonmin have agreed to extend the longstop date for the transaction in which Sibanye will acquire all of Lonmin' issued share capital.  

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Government considers shortening internship periods for doctors to alleviate bottlenecks

TimesLIVE reports that shortening doctors’ internships from two years to one year is being mooted to alleviate the strain in the training of doctors.  

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Sibanye banks on US mines, high palladium price as Amcu strike at gold mines spreads

Mining Weekly reports that Sibanye-Stillwater CEO Neal Froneman on Tuesday responded to the Association of Mineworkers and Construction Union's (Amcu's) announcement of secondary strike action.  

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Joburg metro cop arrested in Soweto for taking R10 bribe

TimesLive reports that a Johannesburg Metro Police Department (JMPD) officer was arrested on Monday after he allegedly took a R10 bribe from a taxi driver in Soweto.  

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Success of national minimum wage threatened by exemption clause allowing only 10% reduction

Claire Bisseker writes that the new national minimum wage (NMW) of R20 an hour came into effect on 1 January and, though it's too early to tell how well the exemption process is working, there are already allegations from business of bad faith.  

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SANDF warrant officer arrested in alleged cash-for-jobs scam

News24 reports that a warrant officer in the SA National Defence Force (SANDF) was due to appear in the Thaba Tshwane military court on Tuesday following his arrest for alleged involvement in a cash-for-jobs scam.  

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Smelters won't survive 15% Eskom tariff hike and thousands of jobs will be at risk, ferroalloys industry warns

BusinessLive reports that as hearings into Eskom’s proposed tariff increase kicked off on Monday, the ferroalloy industry warned it would not survive a double-digit increase in electricity prices.  

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BMF to meet Denel over appointment of white Group CEO, before considering legal action

Fin24 reports that the Black Management Forum (BMF) will first meet with state-owned arms manufacturer Denel before considering legal action over its concerns that a white male, Daniel du Toit, was recently appointed group CEO.  

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Suspended Schweizer-Reneke teacher to speak out at Solidarity press conference on Tuesday

News24 reports that Solidarity is expected to announce legal action on Tuesday to have what it described as the "unlawful suspension" of Laerskool Schweizer-Reneke teacher Elana Barkhuizen lifted.  

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Amcu to conduct secondary strike at Sibany's platinum mines from 22 January in support of ongoing gold strike

Mining Weekly reports that the Association of Mineworkers and Construction Union (Amcu) on Monday confirmed it would be embarking on secondary strike action at Sibanye-Stillwater's platinum operations in SA from 22 January.  

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Latest Cases

Anderson Transport v National Bargaining Council for Road Freight and Logistics Industry (LAC). Summary: Compliance order issued in terms of section 33A(3) of the LRA bargaining council referring non-compliance to a collective agreement by employer collective agreement enjoining employers to pay employees by their actual time worked, including overtime and allowances whereas employer’s paying employees by their output on actual kilometres driven employer contending that its scheme predated collective agreement as it is incorporated into individuals employees’ contract of employment

SOUL MTSHWENE v GLENCORE OPERATIONS SA (PTY) LTD (LION FERROCHROME) (LAC). Summary: The employer lodging a review application against the finding by the CCMA that the dismissal of the employee was substantively unfair because the employer had not been consistent in applying discipline. The employee filing a cross-review, 122 days out of time, mounting an attack on the finding by the commissioner that he was guilty of the misconduct and further seeking reinstatement into employment.

EPIC FOTHE NATIONAL EDUCATION HEALTH ANDALLIED WORKERS UNION (NEHAWU) v MINISTER OF HEALTH (LC). Summary: The Applicant filed an application to admit into evidence further affidavits. Application dismissed as the evidence was available at the time of the filing of the application with no acceptable explanation why it was not placed before Court earlier. Consideration of the explanation and prejudice.

ODS (PTY) LTD v INQUBELA PHAMBILI TRADE UNION (LC). Summary: Return day Final order sought to interdict certain conducts by the first respondent and its members. Responsible conduct of a Trade Union during a strike action considered. Order against the third respondent whether interim or final discharge or confirmation thereof. Held: (1) All orders were discharged with costs in appropriate circumstances.

THE NATIONAL EDUCATION HEALTH ANDALLIED WORKERS UNION (NEHAWU) v MINISTER OF HEALTH (LC). Summary: The Applicant filed an application to admit into evidence further affidavits. Application dismissed as the evidence was available at the time of the filing of the application with no acceptable explanation why it was not placed before Court earlier. Consideration of the explanation and prejudice.

HENRICUS VAN SPAENDONCK v GLOBAL SUPPLY CHAIN SERVICES (PTY) LTD T/A GLOBAL TRACK (LAC). Summary: Review of arbitration award application of s 145 of the LRA principle restated commissioner failing to consider evidence before her had she considered the evidence, the commissioner ought to have found that employee misconducted himself by using the company credit card for his personal use- Appeal dismissed with costs.

AMCU v KPMM Road and Earthworks (LAC). Summary: Contempt of court of order against both employees and union- employer failing to prove that employees making common purpose with those committing misconduct- doctrine of common purpose restated in respect of union, court restating requirements for contempt application- court finding that order of the Labour Court unclear so as to enable union to know what is expected of it. Held that if an employer wishes to obtain relief against a union in circumstances similar to that of the present dispute, it behoves its legal advisers to draft a notice of motion which gives clear content to the obligations which it wishes to impose upon the union. Appeal upheld Labour Court’s judgment set aside.

MEC FOR ECONOMIC DEVELOPMENT ENVIRONMENT & TOURISM v MADIMETJA ABRAM MOGAHLANE (LAC). Summary: Unreasonable delay in the prosecution of a review application in terms of section 158(1)(h) of the LRA court finding that although there is no prescribed time limit for launching a review under section 158(1) (h) of the LRA it should be initiated within a reasonable time held that a delay of almost six months is excessive particularly where, as found by the Labour Court in this matter, the explanation was wholly unreasonable further that if there is no merit in the legal challenge to the impugned decision, no purpose would be served by overlooking the delay Court finding on the merits that employee’s appointment was in compliance with the regulations Labour Court judgment upheld and appeal dismissed with costs.

Latest Article

Poor Performance Does Not Automatically Merit Dismissal

by Ivan Israelstram | May 23, 2018 | Employees, Labour Law, Labour Law Debate with Ivan Isrealstam

If employees receive their pay they are obliged by law to do their jobs properly. Although the law allows employers, within reason, to decide what the proper standards of performance are, the employer will, if taken to the CCMA, be required to prove that:

  • The employee knew what the required performance standard was

  • The standard was realistically achievable

  • The employee was given sufficient opportunity to achieve the standard

  • It was the employeeâ??s fault that he/she failed to achieve the standard.

We look at each of these four requirements:

Did the employee know what the performance standard was?

It would be unfair to fire an employee for failure to attain a target if the employer had, for example, failed to inform the employee that he/she was required to make 10 sales per month, reach 2 million rand turnover per year, make 40 appointments per month, build 25 houses per year, pack 100 boxes per month or make 3 widgets per hour.

Was the standard achievable?

For example, if other employees have been able to type letters without making mistakes the employee who keeps making errors despite having been counseled could be disciplined and possibly dismissed depending on the circumstances. However, the employer who is unable to prove the above would be in trouble at the CCMA.

In the case of White vs Medpro Pharmaceutica (2000, 10 BALR 1182) the employee failed to meet her targets in nine out of ten months. The CCMA nevertheless found her dismissal to be unfair because the employer had set targets that were not achievable in the CCMAâ??s view.

Has the employee been given sufficient opportunity to achieve the standard?

The CCMA will have a problem with the employer where, for example, the employee was appointed on a 6-month probationary basis and is fired because his/her data capture work was not up to standard. The decision to impose a 6 month probation period suggests that the new employee will need more than 2 weeks to get up to speed.

Was it the employeeâ??s fault that the performance standard was not met?

Dismissal will probably be adjudged to be unfair if the reason for the poor performance was that:

  • the employer had failed to provide the employee with manufacturing materials

  • equipment was faulty

  • required training had not been given

  • the employerâ??s product was not in demand or

  • some other reason beyond the employeeâ??s control.

In UPSWU obo Mogodi vs Ikageng Cleaning Services (2007, 10 BALR 959) the employee was dismissed for poor work performance. However, the charges against the employee were very vague and brought in order to make a scapegoat of the employee. Therefore the employee was unable to prepare a proper defence and the employer failed to convince the arbitrator of her guilt. The employer was ordered to pay the employee 12 monthsâ?? remuneration in compensation.

Instead of fabricating charges and blaming the wrong employee, employers need to:

  • Investigate properly so as to identify where exactly the problem lies

  • Set clearly achievable performance targets

  • Adjust targets when changed circumstances dictate this

  • Give employees a real chance to achieve the desired performance level

  • Remove all obstructions to the achievement of the standards.



LRA Amendments 2018

Labour Relations Amendments May 2018 BCEA Amendment Bill 2017;

  • BCEA Memorandom of Objects;

  • Employment Services Act 2014;

  • Labour Relations Amendment Bill 2017;

  • LRA Memorandom of Objects;

  • National Minimum Wage Bill;

  • Impact Assessment.

    Click here to download the zipped files.">


  • Legislation Update

    New Minimum Wages: Wholesale & Retail, and Farm and Forestry Worker Sectors  

    New Minimum Wages: Wholesale and Retail Sector: 01 February 2018 to 31 January 2019

    Please follow the link to download the new minimum wages

    New Minimum Wages: Farm and Forestry workers Sectors: 01 March 2018 to 28 February 2019

    Please follow the link to download the new minimum wages



    Domestic Workers

    Domestic Workers Wage Increase

    The Minister of Labour, on 15 December 2017, gazetted new minimum wage rates for the Domestic Worker Sector effective from 1 January 2018.

    To view the amended wage schedules click here.

    Hospitality Sector

    Hospitality sector minimum wage for 2017/2018 by Lloyd Ramutloa -- last modified 2017-07-03 13:11 3 July 2017 The minimum wage for South Africa's vulnerable sector of hospitality has been revised upward with effect from 01 July 2017.

    The new Hospitality Sectoral Determination which governs minimum wage rate in the sector will be effective until 30 June 2018.

    The minimum rate for employers with 10 or less employees will be a monthly wage of R3 193.12 (2016/2017: R2 959.35); a weekly rate of R736.92 (2016/2017: R689.97); and an hourly rate of R16.36 (2016/2017: R15.17).

    The new wages for employers with more than 10 employees will be a minimum monthly rate of R3 559.10 (2016/2017: R3 298.52); a weekly rate of R821.34 (2016/2017: R761.25); and an hourly rate of R18.25 (2016/2017: R16.91).

    The latest increase was arrived at using the consumer price index of 6.4 percent plus 1.5 percent. The total increase is 7.9 percent.

    Minimum Wages Farm, Forestry 2017

    Wholesale & Retail Wage Increase

    COIDA

    Compensation for Occupational Injuries and Diseases Act 130 of 1993, as amended

    Amendment of Schedule 4 of Act 130 of 1993 :
    Manner of calculating compensation
    GN 448 39931/15-04-2016
    Annual increases in medical tariffs for medical services providers
    GenN 256/GG 39955/26-04-2016
    GenN 257/GG 39956/26-04-2016
    Increase in monthly pensions
    GN 447/GG 39931/15-04-2016
    Increase of maximum amount of earnings on which the assessment of an employer shall be calculated
    GN 449/GG 39931/15-04-2016
    Rules, Forms and Particulars
    GN 444/GG 39928/15-04-2016


    Earnings threshold

    I, Mildred Nelisiwe Oliphant, Minister of Labour, in terms of Section 6(3) of the Basic Conditions of Employment Act, No. 75 of 1997, (the Act), determine that all employees earning in excess of R205 433.30 (two hundred and five thousand, four hundred and thirtythree rand, thirty cents) per annum be excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2), 18(3) of the Act with effect from 1 July 2014.

    For the purposes of this notice:

    "Earnings" means the regular annual remuneration before deductions, i.e. income tax, pension, medical and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee: Provided that subsistence and transport allowances received, achievement awards and payments for overtime worked shall not be regarded as remuneration for the purpose of this notice.

    MN OLIPHANT, MP

    MINISTER OF LABOUR

    STAATSKOERANT, 1 JULIE 2014 No. 37795 3

    This gazette is also available free online at www.gpwonline.co.za

    GOVERNMENT NOTICE