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Never miss a beat on Africa's legal and regulatory landscape.

ENSafrica

Using replacement labour when locking out employees "is in response to a strike" – what does this mean

A recent Constitutional Court case had to consider the circumstances where an employer had instituted a lock-out and utilised replacement labour in response to a strike.

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Cliffe Dekker Hofmeyr

Q&A on the Employment Equity Amendment

President Cyril Ramaphosa has signed into law the Employment Equity Amendment Act 4 of 2022. The Act amends the Employment Equity Act of 1998 (Act 55 of 1998) with new measures to promote diversity and equality in the workplace. The effective date is yet to be proclaimed ..

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Webber Wentzel

Foreign employers will be required to register with SARS

National Treasury proposed in the February 2023 Budget that it intends to align the obligations on South African and foreign employers, which creates certain practical issues.

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Webber Wentzel

Unpopular employee - lessons for employers

In Zimbini Makuleni v Standard Bank of South Africa Ltd and Others , the Labour Appeal Court (LAC) determined whether an employer could dismiss an employee for misconduct where the facts demonstrated that they were an unpopular boss.

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Kaplan & Stratton

Mandatory NSSF Contributions – NSSF Act, 2013

The Court of Appeal has, by a judgment delivered  on 3rd February 2023, upheld the mandatory contributions to the NSSF (the State Scheme) as prescribed in the NSSF Act, 2013.

While this is to  be implemented with immediate effect, we are aware that the j..

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Bentsi-Enchill, Letsa & Ankomah

Medical Information in Employment Contracts

It is unlikely that employees will voluntarily submit medical information to employers. Employees run the risk of medical information being disclosed to third parties without their consent, as well as the possibility of workplace discrimination from their employers ..

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ENSafrica

New sector targets could compel the mining sector to walk the walk on diversity, equity and inclusion

With South Africa being one of the most diverse countries on the African continent, equity and inclusion are critical to the future of every sector in its economy. For the mining sector in particular, failure to achieve equity of the workplace could come with greater puni..

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Cliffe Dekker Hofmeyr

Challenging the authority of management or merely seeking clarity: When does insubordination occur

Insubordination is the wilful failure or refusal to obey a lawful and reasonable instruction given by a superior. This is different from insolence, which is rudeness, cheekiness or disrespectful behaviour. The Labour Court in Independent Risk Distributors SA (Pty) Ltd v C..

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Cronjé Inc.

Affirmative Action Act compliance report herefrom required by small businesses

As from 15 September 2022 all employers with 10 or more employees are required to submit compliance reports in terms of the Affirmative Action Act.

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