It is important for employers to be mindful of the obligations toward ensuring safe working environments for pregnant or breast-feeding employees in the workplace. Attorney and Industrial Relations Specialist, Shameera Angamia, joins BGD to take us through the legal framework from the Constitution all the way through to the BCEA and case law. Case Law: Manyetsa v New Kleinfontein Gold Mine (Pty) Ltd (2018) 39 ILJ 415 (LC) Mahlangu v Samancor Chrome Ltd (Eastern Chrome Mines) (JA117/2018) [2020] ...
Jul 04, 2022•13 min
Where a whole or part of a business is transferred to another as a going concern section 197 of the Labour Relations Act comes into effect. This forces the new entity to take over all the obligations of the old undertaking. Quite often a outsourcing undertaking may trigger s197 (of the LRA) and should both parties be unaware of such, it could land them in hot water. BGD discusses when this may happen and what Employers should consider before outsourcing a part of their business. Case Law: South ...
Jun 27, 2022•17 min
Chapter 2 of the BCEA states that employees who work at night between 18H00 and 06H00 must be compensated by payment of an allowance or by reduction of working hours and transport must be available. BGD discusses what employers are required to pay as a night shift allowance and discusses the issue of transport. Case Law: TFD Network Africa (Pty) Ltd v Singh N.O and others (C 571/11) [2015] ZALCCT C 571/11
Jun 20, 2022•8 min
LabourNet National Product Manager for Skills and Equity, Kyle Wesemann helps us understand the purpose of the Employment Equity Act, who it applies to and how to implement it within your business. For assistance with Employment Equity within your orginisation, get in touch with Kyle on wkyle@labournet.com
Jun 13, 2022•16 min
Load Shedding is a challenge South African business has faced for over a decade. With load shedding looming this winter, BGD explains what employers may do to prevent the adverse affects of work stoppages and being unable to do business. Does the no work no pay principle apply? Can employees be sent home unilaterally? This is stuff employers NEED to know!
Jun 06, 2022•8 min
BGD takes you through the dispute resolution processes of the CCMA, from the referral process, required time frames as per the LRA and the latest gazetted CCMA Rules.
May 30, 2022•18 min
POPI and Public Bodies? How do they differentiate in their needs and obligations to private bodies and what do they need to look out for, specifically, themselves. In studio to discuss the above we had Samantha Walker and Chanel Sprieman, LabourNet POPI experts!
May 23, 2022•22 min
Employers provide may different types of Leave, but which are governed by the BCEA and what are their provisions and conditions? Industrial Relations Manager, Elzabe Nieuwoudt, joins BGD to discuss the various BCEA leave entitlements and laws governing annual leave, sick leave, family responsibility leave, maternity leave and parental leave.
May 16, 2022•17 min
Jakobus Le Roux joins BGD in a discussion regarding Organisational Rights of Registered Trade Unions. Also, what does an Employer do when political parties attempt to collectively bargain on behalf of their “members” ?
May 09, 2022•17 min
BGD and Yas go through a few more of the questions received for the episode on The Use of Fixed Term Contracts – Are These Employees Now Permanent? https://open.spotify.com/episode/0VdjMs6RicHmSqlAzzBj6C?si=mMJz53NKSSeViKb3NbfcZQ
May 02, 2022•13 min
BGD and Yas go through some of the questions received for the episode on The Use of Fixed Term Contracts – Are These Employees Now Permanent? https://open.spotify.com/episode/0VdjMs6RicHmSqlAzzBj6C?si=mMJz53NKSSeViKb3NbfcZQ
Apr 25, 2022•22 min
There are vast misconceptions with regards to the appropriate and legally correct use of fixed term contracts or temporary service agreements. New legislation may now deem employees on fixed term contracts to actually be permanently employed. In this episode, BGD and guest Adri Louw discuss the laws and regulations of non-standard employment.
Apr 18, 2022•34 min
BGD gives Yas a summary of calculating monthly, weekly, daily and hourly wages or remuneration. Summary of calculations: Hourly Wage = Daily wage / # of ordinary hours worked in a day or Hourly Wage = Weekly wage / # of ordinary hours worked in a week Daily Rate = Hourly wage x # of ordinary hours worked in a day or Daily Rate = Weekly wage / # of ordinary days worked in a week Weekly Wage = Daily wage x # of ordinary days worked in a week or Weekly Wage = Monthly wage / 4.33 Monthly Wage = Week...
Apr 11, 2022•11 min
Employers are being required to enter into POPI security agreements and make declarations regarding their POPI security status with third parties. Is this open for abuse? Friend of the show, Attorney Samantha Walker, is back and takes us through the why? and how? of POPI security assessments assessments and questionnaires. Listen to the Podcast on POPI and Recruitment Applications by Employers.
Apr 04, 2022•11 min
BGD is joined by Litigation Manager, Juan-André Mulder, and go through the process of defending a dispute at the CCMA or a Bargaining Council. Related Episode: Getting a Case Dismissed at the CCMA
Mar 28, 2022•16 min
Overtime is only permitted to be worked by agreement, most employers do not know that there is legislation that may deem their overtime agreement to be invalid. In this episode BGD and Yas discuss the implementation of legitimate and enforceable overtime agreements by employers.
Mar 21, 2022•7 min
Many employers are obligated to pay a Skills Development Levy to the South African Revenue Services most just see it as a compulsory payment of 1% from their monthly payroll. Employers don’t realise that they are able to claim a portion of this money back from their Sector Education Training Authority (SETA). There is a pool of funds available through Skills Development that they have access to and which is rightfully theirs. BGD talks to Kyle Wesemann about the benefits of skills development an...
Mar 14, 2022•8 min
In terms of Government Gazette dated 8 February 2022 and with effect from 1 March 2022 employees whose annual ‘earnings’ equal or exceed R224,080.48, equivalent to R18,673 per month, will be excluded from the application of various sections of Chapter Two of the Basic Conditions of Employment Act (BCEA). In this episode BGD explains what this means for employers and goes through the various applications of the BCEA 'earnings threshold'.
Mar 07, 2022•7 min
What happens when an employee falls ill while they are on annual leave? Does it convert to sick leave? BGD answers some common questions regarding an employee's entitlement to sick leave.
Feb 28, 2022•14 min
In order to enforce the rules and regulations set by an employer, the employer may issue a series of sanctions intended on correcting an employee’s conduct. These range from verbal warnings, written warning, final written warning and ultimately summary dismissal of the employee. Should there be any dispute about the fairness of a dismissal or even in some instances the issuing of a sanction short of dismissal – the commission or council will assess fairness on substance and procedure. We focus o...
Feb 21, 2022•32 min
Friend of the show, Attorney Samantha Walker, takes us through the intricacies of disciplining Company Directors who are also Employees or Shareholders of the same Company.
Feb 14, 2022•16 min
BGD chats to Adri Louw about suspending an unvaccinated employee and a case where the Supreme Court of Appeal (SCA) had to decide whether the certificate of a traditional healer could be equated with a medical certificate for the purposes of sick leave. South Africa’s diverse cultural heritage is the spotlight in todays episode of Stuff Employers Should Know! Case Law: Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others [2014] 35 ILJ 209 (SCA) NUM & another v Samancor Ltd (Tubatse Fe...
Feb 07, 2022•20 min
In a recent award the CCMA confirmed that a mandatory vaccination policy can be enforced by employers. But is it so simple? BGD chats to Health and Safety Executive, Duncan Carlise, about the implementation and application of mandatory vaccination policies.
Jan 31, 2022•10 min
How do employers deal with "The Holiday Hangover", or more specifically, employees who fail to return to work or are deemed to have deserted their employment? BGD (who is stuck in quarantine) discusses the key element required to deem an employee to have deserted their employment and what to do if the employee actually returns even after the employment relationship was terminated.
Jan 24, 2022•17 min
Employee’s sharing their pay slips and other conditions of their employment with their fellow employee’s can cause much unhappiness and disruption in an employer’s workplace where discrepancies in earnings may exist. But can an employer take action against an employee for doing so? And is it a breach of confidentiality?
Jan 17, 2022•6 min
It is an employers nightmare, the Sheriff of the court arrives at your place of business and starts writing up company assets against a writ of execution, on a judgement or award they never new existed or even happened. Attorney, Samantha Walker, joins us again to discuss what employers should know if this happens to them.
Jan 10, 2022•17 min
Often employers require employees to be on standby and avail themselves at a moment’s notice. So… what is the deal with standby allowances? Attorney and Industrial Relations Specialist, Shameera Angamia, explains how standby allowances work and when they are required to be paid.
Jan 03, 2022•22 min
The Protection of Personal Information Act (or POPI Act) is now part of South African business and employers are being bombarded daily with terrifying mixed messages of what this means for their business and the consequences of non compliance. To help us dissect what employers really need to know about truly being POPI compliant, we are joined by the National POPI and PAIA Manager and Attorney – Samantha Walker from LabourNet.
Dec 27, 2021•27 min
Having a case dismissed at the CCMA is cause for relief for the employers as responding parties. But does the case being dismissed by the CCMA mean the dispute has really gone away? In this episode we discuss the recent Labour Court cases of Glencore Operations SA (Pty) Ltd v CCMA and Others (JR 1963/19) [2021],and Solomons v Phokela NO and Others (JR99/2021) [2021], where the Court provided new guidance on the dismissal of matters by commissioners and cover the directive issued by the CCMA to i...
Dec 20, 2021•24 min
As we fast approach the holiday season many employers encourage employees to take their leave during this time or even choose to shut down their business during this time. Should the employer decide to shut down their operations can they force employees to use their accrued leave entitlement during this time?
Dec 13, 2021•12 min
