Understanding the Basic Conditions of Employment Act (BCEA), No. 75 of 1997, is crucial to both employers and employees in South Africa. The BCEA serves as the cornerstone of employment conditions, laying out minimum leave entitlements that protect employees while providing clarity for employers. In this blog post, we discuss and unpack key provisions related to leave, explore common misconceptions, and highlight important distinctions in leave types, helping you navigate this often complex area.

Navigating retrenchments is a sensitive, complex process – one that goes far beyond the logistics of reducing headcount. At Justine Del Monte & Associates, our approach is to minimise litigation risk while ensuring that proper and efficient workplace practices, procedures and controls are implemented during this process.  Recent retrenchment announcements from major retailers Superbalist and […]

Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PA3/23) [2024] ZALAC 37 (29 August 2024) Umicore, a manufacturer of catalytic converters, acquired Delphi (Pty) Ltd and operated from Delphi’s leased premises in Young Park and its own in Deal Party, Gqeberha. In 2015, Umicore decided not to […]

LABOUR COURT CONFIRMS LEGAL POSITION ON ANNUAL LEAVE ACCUMULATION AND FORFEITURE IN HARTLEY V SMD TRADING GROUP CC (D138/21) [2024] ZALCD 16 (26 JUNE 2024) The Applicant (Hartley) in the aforementioned case, referred a dispute to the Labour Court (“LC”) in terms of section 77(3) of the Basic Conditions of Employment Act 75 of 1997, […]

Solidarity obo Erasmus v Eskom Holdings SOC Ltd (C1001-18) [2024] ZALCCT 18 (24 May 2024) (1) (1) Applicable Legislation Constitution of the Republic of South Africa, 1996 (“Constitution”) Section 9 of the Constitution affords everyone the right to equality and provides that everyone is equal before the law and has the right to equal protection […]

Fraudulent medical certificates are no new phenomenon within the workplace. The Labour Appeal Court (“LAC”) recently addressed the issue of employees allegedly furnishing fraudulent medical certificates to their employers in the judgments of Sibanye Rustenburg Platinum Mine v Association of Mineworkers and Construction Union obo Sono and Others (JA32-2022) [2024] ZALAC 23 (2 May 2024) […]

The devastating building collapse which occurred in George, Western Cape on 6 May 2024 has become a topic of conversation on local and international news outlets, social media platforms, and households across the country. Although there were several questions raised about the cause of the incident, significantly more were raised about the hiring of foreign […]

THE WORKPLACE RIGHTS OF CANNABIS USERS CONFIRMED IN ENVER V BARLOWORLD EQUIPMENT SOUTH AFRICA, A DIVISION OF BARLOWORLD SOUTH AFRICA (PTY) LTD (JA86/22) [2024] ZALAC 12 (23 APRIL 2024). The Labour Appeal Court (“LAC”) in Enver v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] ZALAC 12 (23 April […]

As you may be aware, with effect from 01 March 2024, the National Minimum Wage (“NMW”) was increased from R 25.42 to R 27.58 for each ordinary hour worked. This increase is applicable to farm workers and domestic workers, and where an employee, other than an employee employed on an expanded public works programme or a learnership programme […]

In the recent case of Brauns and Others v Wilkes N.O and Others (JA 47/22) [2024] ZALAC 1 (18 January 2024), the Labour Appeal Court (hereinafter referred to as the “LAC”) considered an appeal of a review application by three (3) employees of the South African Police Service (hereinafter referred to as the “SAPS”), who […]