Termination of Employment due to Ill Health
When dealing with instances of incapacity, whether permanent or temporary due to ill health the employer is required to comply with the provisions of the Code of Good Practice, Schedule 8 as set out in the Labour Relations Act. The code requires specifically the employer to investigate alternatives short of dismissal to accommodate the illness/condition, as well as allow the employee to make representations prior to dismissal, should no alternatives exist.
Strike Action: A Duty to Engage Minority Unions
Having considered that strike action occurs regularly in South Africa, and especially considering that such may from time to time be unprotected / illegal, it is important to note that the code of good practice schedule 8 pertaining to strikes is deemed as a guideline in dealing with these type of scenarios. In this weekly article we discuss a Labour Appeal Court matter where it was held that the Code of Good Practice is merely a guideline and that minority unions do not need to be engaged as a procedural requirement prior to dismissal in the case of an unprotected strike.
National Minimum Wage Act Amendments & Earnings Threshold
The National Minimum Wage shall increase from the current amount of R20.76 per hour to R21.69 per hour. Farmworkers are also entitled to a wage of R21.69 per hour & Domestic Workers R19.09 per hour, effective from 1 March 2021.
Is retrenchment fair if an employee refuses to accept a proposed change to his terms and conditions of employment as alternative?
The Pandemic has left some employers with no other choice but to retrench due to the negative economic impact. Consultations must take place as soon as the employer contemplates retrenchment, as per Section 189 of the Labour Relations Act, during these consultation alternatives will be discussed. But, can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment as an alternative to retrenchment?
Severance Pay
Section 41(1) of the Basic Conditions of Employment Act, 1997 provides that a retrenched employee is entitled to severance pay at least equal to one week’s remuneration for every year of completed service with the employer. This obligation to pay severance pay is subject to the provisions of section 41(4).