Employees who earn more than R172 000 per annum are excluded from certain sections of the BCOEA.
Before looking at these certain sections we need to be sure of what is meant by the term “earning in excess of R172 000 per annum”.  Earnings exclude allowances such as subsistence allowances, transport allowances, overtime pay, and achievement awards (?).
Earnings include deductions made by the employer for income tax purposes, pension or provident funds medical aid or any similar deductions.  It also includes an annual bonus and leave pay.
Employees earning over R172 000 …

BEE is about to receive a shot in the arm.  The Cabinet has agreed to amend the BBBEE legislation.  For the first time the Act will be amended to put penalties in place for those organizations which are found to be “fronting”.  These penalties will probably range from 2% to 5% of annual turnover.
The amendments will also provide more points for those organizations that support enterprise development and procurement from Black owned businesses.
At present businesses with an annual turnover of less then R5 million are automatically regarded as level 4 …

A recent CCMA Award concerns the use of the internet and what should happen if the employer discovers that there are unacceptable comments made by his/her employees.
Act 70 of 2002 known as the Regulation of Interception of Communications and Provision of Communication-related Information Act covers same aspects as to when an employer may have access to the electronic communication of its employees.
The general rule is that an individual may intercept such communication if he or she is a party to the communication itself or if the information is in the …

I have recently read the judgment in “Transnet Freight Rail v Transnet Bargaining Council and Others (2011) 32 ILJ 1766 (LC).
It may be of interest to read the entire judgment of the Labour Court as it concerns a common problem at our workplaces. This problem is the reporting for work under the influence of alcohol. It sets outs the distinction between alcoholism and non alcoholism.
Must an employer automatically approach an employee who reports for duty under the influence of alcohol as a possible alcoholic?
What does an employer do …

The present Global Finance crisis is now hurting many South African Companies.  This has caused many organizations to begin retrenching employees.
Employers who retrench employees and employees themselves need to be aware of what employers must do when retrenching employees.

One of the problems experienced by air travelers is that luggage placed in the care of airport staff is actually not that cared for.
Many travelers watch with trepidation as their overnight bag disappears on the conveyor belt. Will it be safe? Who will be wearing my new socks next week?
The Security Company operating at O.R Tambo airport has taken this issue head on. According to the January edition of the Industrial Law Journal the Company, Khulani Fidelity Security Services, has an agreement with the Union SATAWU that requires …

Introductions
On the 17th December 2010 The Director General of the Department of Labour published 4 Bills all of which will have a direct impact on employers and employees.

The 4 Bills are:-

Labour Relations Amendment Bill
Employment Equity Amendment Bill
Basic Conditions of Employment Amendment Bill
Employment Services Bill

Our Comments:
Whilst the Bills must still be further discussed and debated at Nedlac comments from The South African public will be accepted by The Department of Labour up to the 17th …

Employers who regard Employment Equity as an activity that has low importance need to rethink this view.  The Department of Labour has placed Employment Equity firmly in its sights.  A special Task Team has been formed in the Department.  Its objective is to audit the practice of Employment Equity within businesses.
Several of our clients have had a most thorough and meticulous audit of Employment Equity performed by the Task Team.
Gone are the days when you as an employer could treat Employment Equity as something of an irritant.
The Task Team specifically …

The recent strike by the Public Service, the motor manufacturers and the motor component industry has raised the ire of many commentators,.  We seem to be having more strikes than in the past years.
We have read articles in the press predicting that South Africa would lose its investor friendly image.  Trade Union leaders have been criticized for leading their members into a strike in which they will lose more than they gain.  It has been suggested, that many workers are not actually aware of the implications of their strike action.  …

It is quite common for an employee, accused of a serious act of misconduct, to be suspended from duty pending the holding of a Disciplinary Hearing.
However employers should be very careful before suspending such an employee.
Our Labour Court has made clear that such a suspension must have good valid reasons before the court will recognize that it is legitimate.  In addition the principle of Audi Alteram Partem must be observed by the employer.  The Audi Alteram Partem principle means that the accused employee must be able to give his version …