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DBT TECHNOLOGIES (PTY) LTD v MARIELA GARNEVSKA (LAC). Automatically unfair dismissal ---Dismissal pursuant to exercising rights in terms s187(1)(d) of LRA 1995---employer dismissed employee for misconduct following the dismissal of grievance lodged against fellow employee---employee alleging dismissal for exercising rights---filing of grievance not amounting to taking action against employer---s 187(1)(d) concerning referral dispute to the CCMA or another governmental agency concerning employers conduct---Labour Court not having jurisdiction. Appeal upheld.

SASBO THE FINANCE UNION v DUMA, CN (LC). Summary: interlocutory application- whether it is reasonable and justifiable to debar the respondent from pursuing his rescission application - payment of the security for costs in the labour court

JAMES PATRICK BAXTER v MINISTER OF JUSTICE AND CORRECTIONAL SERVICES (LAC). Protected Disclosures---employee disclosed some irregularities in the recruitment process to his superiors----such constituting disclosures in terms of the Protected Disclosure Act ---employee had reasonable belief information disclosed showed or tended to show manipulations in appointments process---"Reason to believe" not to be equated to the correctness of the information---employee disclosed truthful information thus protected. Protected disclosure---requirements---section 8---disclosure in good faith---employee acting partly out of ulterior motive--- ulterior motive not necessarily the same as acting in bad faith --- bad faith referring to dishonest intention or corrupt motive---information disclosed truthful---disclosures made in good faith and protected by the PDA.

BULELWA SAMKA v SHOPRITE CHECKERS (PTY) LTD (LAC).Unfair discrimination based on race - scope of the applicability of s60 of the EEA limited to conduct of an employee towards fellow employee/s - s60 does not extend to conduct of third party towards employee/s- consequently employer not committing unfair discrimination as a result of third party's action towards its employee/s. Unfair discrimination on arbitrary grounds - applicant bearing the onus to prove that he/she victim of unfair discrimination - failing to adduce evidence does not bring allegation within the confine of the EEA.

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Legislation Update

C:\Users\RethaL\Pictures\CCMA Logo.jpg

CCMA National Office

28 Harrison Street



Tel: 011 377 6600

Fax: 011 834 7351


16 May 2020


CCMA OFFICES OPEN FROM MONDAY 18 MAY 2020, 08:00 â€" 16:00

1. This communication is compliant with all Directives and Regulations, particularly those issued

by the Minister of Employment and Labour and the Minister of Public Service and

Administration, issued in terms of section 27(2) of the Disaster Management Act and in terms

of the authority vested in the Director of the CCMA in terms of section 118(2) (b) of the Labour

Relations Act 66 of 1995, as amended (hereinafter referred to as the “LRA�).

2. The CCMA offices, nationally, will be open and operational from Monday 18 May 2020.


3. The following will apply to the referral of disputes to the CCMA:

3.1 The CCMA Offices will be open and accessible to members of the public from Wednesday

20 May 2020.

3.2 The number of people who will be granted permission to enter the building at any given time

will be strictly monitored and the public are requested to exercise patience in this regard.

3.3 Parties will be allowed to submit physical copies (hard copies) of completed referral forms

to the CCMA.


4. The following will apply to cases to be heard at the CCMA:

4.1 Representatives and Parties who are required to travel to the venues, must comply where

applicable with any restrictions that exist.

4.2 The CCMA shall abide by all Regulations and Directives that are issued in terms of section

27(2) of the Disaster Management Act. Thus, it is only in terms of such Regulations and

Directives that the CCMA may convene physical hearings at one or more of its premises or

at a venue agreed to by the Parties and the CCMA in writing.

4.3 Anyone seeking access into the CCMA buildings or the designated other venue to be

utilised for a hearing, must submit to compulsory screening, must wear a face mask, must

apply hand sanitizer, and must adhere to applicable social distancing rules.

4.4 Only Parties who do not exceed ten (10) in number, subject to the size of the venue, taking

into consideration the compulsory social distancing rule, and their Representative shall

enter the CCMA buildings or designated other venues.

4.5 Should any Party object to have the matter dealt with under the conditions described above,

that party must submit the notice of objection and reasons for such objection in writing and

serve same on the other party and on the CCMA. The Provincial Senior Commissioner or

delegated other, after consideration of the submissions and of possible reasonable

alternatives, must decide whether the matter should proceed or be postponed.

Failure to comply with these directives may lead to your matter not being heard and/or refusal to

access the CCMA building.

The aforementioned must be read together with the Rules for the Conduct of Proceedings before the

CCMA, as amended (hereinafter referred to as the “CCMA Rules�), the CCMA Directive of 8 May 2020

and all applicable statutes.




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.">

  • 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


    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.



    STAATSKOERANT, 1 JULIE 2014 No. 37795 3

    This gazette is also available free online at