latest cases

AJ CHARNAUD & COMPANY (PTY) LTD v RUBEN VAN DER MERWE (LC). Restraint of trade restraint provisions considered determination as to what constitutes restraint provisions in restraint agreements restraint not prohibiting employment with competitor per se no protection of trade connections breach of restraint provisions not shown to exist. Restraint of trade onus on applicant to prove breach of the contractual terms giving rise to restraint breach of contract not proven if breach not proven not necessary to consider whether enforcement of restraint reasonable

WACO AFRICA (PTY) LIMITED t/a FORM-SCAFF v MARTINA SACK (LC). Authority to institute and prosecute proceedings if the attorney is authorised to bring the application on behalf of the applicant, application is then that of the applicant there is no need for additional proof of authority by the deponent of the founding affidavit.Restraint of trade novation cannot be presumed in the absence of any evidence that there was an intention to novate, the full terms of the confidentiality and restraint of trade agreement are enforceable.

TIRELO EMERGENCY MEDICAL SERVICES v MASHALANE, ROBERT TLAU (LC). Rescission application Labour Relations Act 66 of 1995 as amended Section 165 read with Labour Court Rule 16A - The Labour Court granted default judgment against the applicant - the applicant was unaware of that the respondents had served their statement of claim on it. Applicant applied for rescission of judgment but did not state the basis for its application. The basis could be read into the application Rule 16A(2)(b) on the basis that the applicant dealt with why it was not in wilful default, it had a bona fide defence and the application was made within 15 days of the applicant becoming aware of the judgment against it. Applicants explanation for the default is weak but it showed a defence which prima facie carries some prospects of success on the merits. Application granted.

NEHAWU v NORTHWEST UNIVERSITY: MAFIKENG CAMPUS (LC). Dismissal for operational requirements employer has no obligation to consult with individual employees when it has consulted with their trade union the employer has a statutory obligation to consider alternatives in order to avoid retrenchment filling a vacant post with an affected employee is one of the measures to avoid retrenchment.

KWS CARRIES v NBCRFLI (LC). Summary: Review application breach of a Zero Tolerance Policy on alcohol is a serious misconduct heavy load truck driver testing positive for alcohol following a breathalyser test - dismissal is justifiable.

FREE STATE DEVELOPMENT CORPORATION v PSA OBO MR MORAKE KITH KGOKOTLI (LC). Summary: Review application misconduct for causing appointment of incorrect service providers and contrary to the board resolution failure to discover the audio recording of the Board meeting was fatal to the applicants case.

Latest Article

  • Parental leave benefits finally introduced
    On 1 November 2019, the provisions of the Unemployment Insurance Act 63 of 2001 (UIA) were amended to pave the way for the introduction of parental leave benefits. However, the November amendments did not yet entitle employees to these benefits, as the implementation... READ MORE

  • Technology and the law â€Â" Instant contracting
    In the era of social media and instant messaging, the courts are constantly challenged to develop the common law to accommodate the ever-changing environment. Recently, the Supreme Court of Appeal (SCA) was asked to pronounce on whether a WhatsApp message, in which... READ MORE

  • The State wants to take your house and pay you nothing
    Introduction At a time when South Africas economy is flatlining and Eskom is failing, Government has proposed an amendment to the Bill of Rights, which will allow it to confiscate peoples homes without compensation. This article will address four issues. First,... READ MORE



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


    Latest Cases

    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