LABOUR LAW UPDATES – JAN 2026
Colleagues Firstly we would want to extend our gratitude to all our clients, followers and subscribers. We trust that 2026 will be most successful. In this issue we briefly look at what can be expected from a national minimum wage increase perspective and we provide our best “guesstimate”. We also then look at an interesting […]
NEW PARENTAL LEAVE PROVISIONS: FREQUENTLY ASKED QUESTIONS
In this edition we delve deeper into our recently published article pertaining to Parental leave, previously known as Maternity Leave.
NEW PARENTAL LEAVE PROVISIONS
You may have heard recently the Constitutional Court having ruled certain provisions in the Basic Conditions of Employment Act pertaining to maternity leave as unconstitutional.
EMPLOYMENT EQUITY ONLINE SUBMISSIONS
The EE submissions for the period 2025 is currently active. In line with the requirement to submit for the 2025 period, the updated 5-year plan for the period September 2025 – August 2030 is also a requirement.
CASE LAW DEVELOPMENTS / CASES OF INTEREST: REVIEW YOUR DRUG & ALCO POLICIES!
In the below matters, it can be seen that there is a growing trend by our Courts and CCMA looking at more refined Alcohol & Drug Policies that consider the nature of the work, relationship between test results and actual impairment, and privacy rights.
MOTOR SECTOR UPDATES
The Motor Industry is staring a potential deadlock in the face regarding their current wage talks with NUMSA. The current demand from NUMSA is at 10 %, being more than triple the current inflation rate, whilst MISA is at 8%.
TRADITIONAL HEALERS, ANCESTRAL CALLINGS AND LEAVE
We get a lot of questions regarding the leave of employees who receive ancestral callings and need time off from work to attend to them.
UNDERSTANDING TES (TEMPORARY EMPLOYMENT SERVICE) AND CASE LAW (REVIEW OF ARBITRATION)
In recent case law (review of arbitration) the court concluded the following in: Mzukwa v Commission for Conciliation Mediation and Arbitration and Others [2024] LC (25 Jan 2024):
COVID 19 VACCINATIONS IN THE WORKPLACE: MANDATORY OR VOLUNTARY?
Can the employer make Covid 19 vaccinations mandatory in terms of its workplace policies, furthermore how do we address a refusal by an employee to be vaccinated on certain constitutional values and principles.
Are political parties entitled to organise employees in the workplace in matters concerning relationships?
Some political parties are known and / or have inappropriately intervened in labour matters. Some companies have already suffered bullying, unlawful and threatening onsite protest actions as well as an increase of statutory inspections and audits caused by such parties with no justifiable basis.