What is Section 77 of the Basic Conditions of Employment Act and How Does It Protect Your Contractual Rights?
Introduction If you are an employee in South Africa, you may have heard of the Basic Conditions of Employment Act 75 of 1997 (BCEA), which is a law that regulates the minimum standards of employment, such as working hours, leave, remuneration, termination and more. But did you know that the BCEA also gives you the […]
The Constitutional Court’s Clarification on the Use of Replacement Labour during Lockouts
Introduction The recent Constitutional Court case of National Union of Metalworkers of South Africa v Trenstar (Pty) Ltd [2023] ZACC 11 has provided clarity on the use of replacement labour during lockouts. The conflict created by the decisions of Ntimane & others v Agrinet t/a Vetsak (Pty) Ltd (1999) 20 ILJ 896 (LC) and SACCAWU […]
Transfer of Businesses as a Going Concern: What Business Owners Need to Know
Introduction In today’s fast-paced business environment, transfers of businesses as a going concern are becoming increasingly common. The recent Labour Court judgment [Numsa obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19) [2023] ZALCD 2 (27 January 2023)] has shed light on what constitutes a bona fide transfer of a business […]
The issue of mandatory vaccinations in the workplace
Earlier this month, New Zealand announced a ‘no jab, no job’ policy for most healthcare workers and teachers to prevent the spread of the COVID-19 virus. Doctors, nurses, and other frontline health workers must be double-jabbed by 1 December while any person working in the education sector and who has contact with students must have […]