https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 18:09:27 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx 0fd17c2e-9dae-4b18-9ab1-c7736b3228be 0b7a9638-ac8c-4843-b92e-092c8b35b3cc https://www.webberwentzel.com//News/Pages/the-digital-nomads-are-coming-what-are-the-tax-and-employment-implications.aspx An increasing number of jurisdictions are embracing digital nomads as a potential source of economic good, lightly taxed but who contribute to the fiscus through their daily and considerable spending habits. South Africa is no exception, following some recent exciting developments within the immigration policy space. 2024-08-20T22:00:00Z 763caf8f-e77f-43a9-9541-143409d02452 https://www.webberwentzel.com//News/Pages/essential-blasting-and-environmental-controls-for-surface-mines.aspx On 2 August 2024, the Department of Mineral Resources and Energy (DMRE) published new guidelines for the mandatory Code of Practice (COP) concerning ground vibrations, noise, air-blast, and flyrock near surface structures and communities (Guidelines) that will become effective on 1 November 2024. 2024-08-19T22:00:00Z 25911d65-0386-4c85-ace5-290c15c706cc https://www.webberwentzel.com//News/Pages/then-and-now-cannabis-in-the-workplace.aspx The Cannabis for Private Purposes Act, 2024 (Cannabis Act), was published on 3 June 2024 and will become effective on a date to be determined by the President. The statutory framework for the private use, possession and cultivation of cannabis by adults reflects the decision by the Constitutional Court six years ago to decriminalise the private use of cannabis. The issues that employers have faced since the Prince judgment in 2018 have highlighted the significant impact of these changes on the workplace. 2024-06-13T22:00:00Z 56e80bb4-cb1f-4a6f-8a02-e88e4435afe4 https://www.webberwentzel.com//News/Pages/how-the-two-pot-system-will-affect-the-hospitality-industry.aspx Allowing financially stretched fund members to withdraw a limited amount of money from their pension savings from what’s known as a savings pot, the two-pot system offers benefits to employees across a multitude of sectors. For the hospitality and leisure industry, which has a relatively high staff turnover rate, the system may facilitate access to emergency pension funds without the need to resign. 2024-04-29T22:00:00Z 4c346dd2-cb61-47bc-b626-9412219f7791 https://www.webberwentzel.com//News/Pages/adapting-workplaces-to-climate-change-workplace-safety-and-sustainability.aspx With an increasingly hotter and inclement climate, the effects on occupational health and safety of workers needs to be considered and incorporated into workplace health and safety management systems across sectors. To address the possible health and safety risks associated with climate change, health and safety committees and officers should consider incorporating indicators of climate-related hazards and assess the hazard-specific vulnerability of workers, workflows, and their environments. 2024-04-24T22:00:00Z 58f82435-4644-4773-9bf3-a31324f5ab58 https://www.webberwentzel.com//News/Pages/looking-inward-anticipated-legal-developments-on-institutional-integrity.aspx To combat corruption, government has enacted and plans to enact further legislative reforms. These reforms bolster accountability, impose stricter penalties for non-compliance, and enhance protections for whistleblowers. 2024-04-03T22:00:00Z 689ce66c-cb22-4801-8c4e-d9647c9d1479 https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-as-a-top-tier-firm-by-the-legal-500.aspx The Legal 500 Europe, Middle East & Africa (EMEA) 2024 guide has recognised Webber Wentzel as a top-tier firm. Notably, Webber Wentzel has been ranked as the leading law firm with the most Tier 1 rankings compared to all other firms ranked in South Africa, a status it has maintained for the past 11 years. 2024-03-26T22:00:00Z 559ee614-5032-41ed-a0f3-cd400dbc2b68 https://www.webberwentzel.com//News/Pages/the-case-for-building-whistleblower-confidence-to-enhance-occupational-health-and-safety.aspx The processes for reporting dangerous workplaces can significantly differ from one organisation to another. Notably, there seems to be a lack of consideration for an anonymous reporting mechanism, leaving individuals raising concerns vulnerable to potential identification by others within the organisation who may take issue with the report. 2024-02-12T22:00:00Z 13ae0dd7-ab44-43a8-b446-dd74374decee https://www.webberwentzel.com//News/Pages/the-role-of-technology-in-mining-safety-and-environmental-protection.aspx Modern mining practices routinely integrate technology into workflows to improve operational efficiencies. While competitiveness is a compelling reason for innovation, technology development and the use of artificial intelligence (AI) can also play a role in managing employee health, decreasing safety risks, and managing the environmental footprint of mining and extractive industries. 2024-02-11T22:00:00Z 5fcaf148-fdf7-4ccc-8fce-d1e8a7af2f33 https://www.webberwentzel.com//News/Pages/minister-needs-to-go-back-to-basics-to-fix-mining-issues.aspx Minister Mantashe, imagine a Mining Indaba where "business as usual" is shattered by the clang of action, not polite applause. 2024-02-04T22:00:00Z 31cb5880-db85-4ef3-be1f-0a9951647100 https://www.webberwentzel.com//News/Pages/Tis-the-season-for-safe-employment-of-child-workers-considerations-for-employing-child-workers-over-the-holidays.aspx The holiday season is upon us, and for the young person who has completed their exams, the extra time the holidays bring them is an opportunity for possible work exposure, holiday jobs and an opportunity to earn income. Employers in the retail, hospitality, and food and beverage industries may welcome the opportunity to employ enthusiastic youth, providing extra cover during a busy holiday period. 2023-12-20T22:00:00Z af467208-b9be-4cc7-aa7b-a40391c5372c https://www.webberwentzel.com//News/Pages/employers-cautioned-against-ignoring-and-or-not-complying-with-arbitration-awards.aspx In a recent judgment, the Labour Court made scathing remarks about an employer's failure to abide by a certified arbitration award ordering the reinstatement of a dismissed employee. The Labour Court ultimately found the employer in contempt of court. 2023-12-18T22:00:00Z 19d28ff3-3bae-4e71-bcf0-ff1a006db9da https://www.webberwentzel.com//News/Pages/recent-legal-developments-relevant-to-private-equity.aspx In this overview, our experts highlight and provide insights on recent legal developments in tax, corporate, B-BBEE, competition, financial regulatory, projects, and employment that are relevant to private equity. 2023-12-03T22:00:00Z a2374302-b291-4abf-b3e4-f08dc3d5a123 https://www.webberwentzel.com//News/Pages/high-court-judgment-reshapes-parental-leave-rights-in-south-africa.aspx A recent High Court judgment has the potential to reshape parental leave rights in South Africa, possibly granting parents more flexibility and equality in sharing caregiving responsibilities. 2023-11-28T22:00:00Z e4c33b82-d636-4247-ac2f-8183b87445dd https://www.webberwentzel.com//News/Pages/ending-child-labour-in-the-agriculture-sector-where-risk-draws-the-line.aspx A global effort to prevent and eliminate child labour has seen renewed vigour with certain of the timeframes for Sustainiable Development Goal 8.7 drawing to a close in coming years. Included in this goal is the ambition to end child labour in all its forms by 2025. Moving toward this aim in South Africa, the Department of Employment and Labour (DEL) has recently teamed up with the International Labour Organisation (ILO) to launch a European Union-funded project to end child labour in the agriculture sector. 2023-11-23T22:00:00Z cddd4959-aa3b-47d4-9d2e-cbf2b0693bcf https://www.webberwentzel.com//News/Pages/latest-developments-in-south-african-immigration.aspx There have been several interesting immigration developments in South Africa. These include additional changes to the critical skills list, the launch of the trusted employer scheme, and Ghana being on South Africa's visa-exemption list. 2023-11-19T22:00:00Z c6fbae47-f44d-4f2a-8b34-a2cf99ed6bbb https://www.webberwentzel.com//News/Pages/the-anticipated-legislative-overhaul-to-existing-maternity-and-parental-leave-provisions-faqs.aspx In a recent judgment, the High Court has ruled that all classes of parents (birthing parents, adoptive parents and surrogacy commissioning parents) should be afforded a collective four months of parental leave. 2023-11-07T22:00:00Z 24d4fd9b-0c5e-463a-9a57-080e84403798 https://www.webberwentzel.com//News/Pages/proposed-amendments-to-the-eu-corporate-sustainability-due-diligence-directive-will-impact-more-sa-businesses.aspx South African businesses that fall within the supply chain of large companies in the European Union should gear up for Human Rights and Environmental Due Diligences in 2024, when the Corporate Sustainability Due Diligence Directive is expected to be adopted. 2023-10-25T22:00:00Z 41143851-7f43-4288-b593-1421637d0331 https://www.webberwentzel.com//News/Pages/landmark-judgment-seeks-to-overhaul-existing-maternity-and-parental-leave-provisions.aspx In a judgment with constitutional significance for the workplace, the High Court has ruled that all parents, irrespective of gender, should be entitled to four months of parental leave from their employers. 2023-10-25T22:00:00Z 51f0f8d7-0d10-4b1c-bd43-56ea9e1fceb4 https://www.webberwentzel.com//News/Pages/when-can-an-employer-reject-a-medical-certificate-used-by-an-employee-to-justify-absence-from-the-workplace.aspx A medical certificate produced by an employee to justify a period of absence constitutes hearsay evidence, which employers are entitled to challenge. That challenge shifts the onus to employees to prove indisposition. 2023-10-16T22:00:00Z 9c1095b1-ec53-4192-bd8e-f37d7d34260f https://www.webberwentzel.com//News/Pages/Major-Hazard-Installation-Duty-Holders-key-timelines-to-monitor-to-ensure-compliance-with-new-regulations.aspx Regulations to the Occupational Health and Safety Act that apply to major hazard installations require that certain actions be taken to manage health and safety risks – some with timelines for compliance that must be monitored. 2023-09-25T22:00:00Z af9d648a-a3fc-43d2-bfaf-9e67adcae042 https://www.webberwentzel.com//News/Pages/Employment-and-Employee-Benefits-Knowledge-exchange-and-networking-session.aspx On Thursday, 24 August, our Employee Benefits team shared insights on various employment legislation and case law developments and trends that employers need to be aware of. 2023-09-18T22:00:00Z ec61bf02-f383-47ee-a4b7-ed969f55921c https://www.webberwentzel.com//News/Pages/webber-wentzel-scoops-most-awards-at-the-2023-african-legal-awards.aspx The African Legal Awards took place at The Hilton on Friday, 1 September, where we were awarded several prestigious awards, making us the biggest winners of the evening. 2023-09-03T22:00:00Z 802f28d4-3d75-4512-a8a6-c85c4bcdbba4 https://www.webberwentzel.com//News/Pages/no-more-skirting-around-the-health-and-safety-concerns-of-women-in-mining-wearing-ppe-designed-for-men.aspx The Chief Inspector of Mines has issued an updated guideline outlining considerations that mines should incorporate into Mandatory Codes of Practice to tackle the health and safety concerns that women have faced from using PPE designed for men. 2023-08-15T22:00:00Z bfb1189c-a7e9-4e2e-befb-488874a3669c https://www.webberwentzel.com//News/Pages/cough-cough-are-you-really-on-sick-leave.aspx Two recent cases brought to the Labour Court and Labour Appeal Court have highlighted that the courts will ultimately uphold the dismissal of an employee who, although not ill, has claimed sick leave, because it undermines the trust relationship 2023-08-09T22:00:00Z b200c4ef-9587-4ffe-9dda-f743f8482636 https://www.webberwentzel.com//News/Pages/transformation-in-the-sports-industry-takes-effect-from-many-angles.aspx The recent demotion of the Western Province Under-16 rugby team from play because it failed to meet transformation targets highlights the importance of maintaining equitable representation in sports and the workplace. 2023-07-18T22:00:00Z 35a851e0-fef6-4d6f-8366-959a7e8b924b https://www.webberwentzel.com//News/Pages/does-the-settlement-agreement-between-solidarity-and-the-government-on-affirmative-action-measures-change-anything.aspx The settlement agreement concluded in the CCMA between Solidarity and the Minister of Employment and Labour on 28 June 2023 must be considered in context to determine whether it changes anything for designated employers in SA 2023-07-03T22:00:00Z 64d3a1c0-9270-4f6f-94eb-db1d584667e4 https://www.webberwentzel.com//News/Pages/recent-changes-to-coida-an-overview-of-key-amendments.aspx The Compensation for Occupational Injuries and Diseases Act (COIDA) has recently undergone several amendments, bringing about important changes that impact employers and employees. 2023-06-25T22:00:00Z e22fdc66-d980-4e01-bbec-dff24aa954f7 https://www.webberwentzel.com//News/Pages/draft-rehabilitation-reintegration-and-return-to-work-regulations.aspx On 15 June 2023, the Department of Employment and Labour (DEL) published the Draft Rehabilitation, Reintegration and Return to Work Regulations in terms of the Compensation for Occupational Injuries and Diseases Act (COIDA) for public comment. These draft regulations propose new and significant obligations for employers to fulfil. 2023-06-25T22:00:00Z 4dcf60d8-41af-44fe-b5e6-5728f01add06 https://www.webberwentzel.com//News/Pages/webber-wentzel-shortlisted-in-19-african-legal-awards-categories.aspx Webber Wentzel is proud to have been shortlisted in 19 categories in the 2023 African Legal Awards. Being nominated across so many critical categories is a real endorsement of Webber Wentzel's standing in the African legal market. 2023-06-21T22:00:00Z 3ff793ae-3499-4f0f-9f6d-cb18f0abca5f https://www.webberwentzel.com//News/Pages/from-fraud-to-fortification-strengthening-hiring-processes-to-prevent-the-need-to-litigate.aspx By verifying documents during hiring, employers could save themselves costly litigation against employees who submit fraudulent credentials to secure jobs and promotions. 2023-06-21T22:00:00Z c6058090-dabb-43bd-ac48-bbad6fdf7d2d https://www.webberwentzel.com//News/Pages/update-further-relief-for-zep-holders-with-the-concession-extended-until-31-december-2023.aspx A new Immigration Directive issued gives Zimbabwean Exemption Permit (ZEP) holders further relief with the extension of the concession to 31 December 2023. 2023-06-07T22:00:00Z 69a572d3-396d-40d0-be17-84398ae644d5 https://www.webberwentzel.com//News/Pages/zimbabwean-exemption-permit-holders-30-June-2023-is-closer-than-you-may-realise.aspx The six-month extension period for the Zimbabwean Exemption Permits (ZEP) is concluding on 30 June 2023 and it is closer than you may think. 2023-06-01T22:00:00Z 358ee670-83ef-48b2-936e-de6d058ff5d8 https://www.webberwentzel.com//News/Pages/private-equity-firms-rise-above-global-economic-stress.aspx PE is vital to the Southern African economy for a number of reasons. It drives job creation, acts as a catalyst for genuine economic transformation and attracts foreign investment. 2023-05-28T22:00:00Z a5e8ceff-cde5-474c-9a63-9754d8c57146 https://www.webberwentzel.com//News/Pages/retrenched-by-hal-9000-what-employers-should-know-before-using-ai-in-dismissals-based-on-operational-requirements.aspx Employers using AI systems to identify employees for retrenchment need to be cautious of potential discrimination and should ensure that human bias is not systematised. 2023-05-15T22:00:00Z 55c1ede0-038e-49c2-9d14-eeb591f2854f https://www.webberwentzel.com//News/Pages/mhsa-proposed-new-regulations-on-first-aid-emergency-response-and-missing-person-locator-systems.aspx On 13 April 2023, the Mine Health and Safety Council (Council) circulated draft amendments, for comment, to regulation Chapter 16 of the regulations to the Mine Health and Safety Act (MHSA) which if published in their current form are likely to have significant implications for mine owners 2023-04-20T22:00:00Z ad4e94e5-3218-47ea-ba6a-6553e5b71f8c https://www.webberwentzel.com//News/Pages/constitutional-court-judgment-brings-finality-to-the-meaning-of-in-response-to-a-strike-when-employers-use-replacement.aspx On 18 April 2023, the Constitutional Court handed down judgment in National Union of Metalworkers of South Africa (NUMSA) v Trenstar (Pty) Ltd (Trenstar). 2023-04-19T22:00:00Z 6cf36337-e468-4ae2-b298-a5ff685621f2 https://www.webberwentzel.com//News/Pages/are-you-ready-fic-employee-screening-directive-is-effective.aspx The FIC has issued a directive requiring accountable institutions to screen employees to help manage the risks of illegal activities, but this screening also has to comply with employment laws. 2023-04-18T22:00:00Z 0430dda5-fb87-4d7d-86b8-ddc6234df5e7 https://www.webberwentzel.com//News/Pages/department-of-home-affairs-issues-new-Immigration-directive.aspx A new Immigration Directive issued by the Minister of Home Affairs (DHA) aims is to reduce certain burdens on foreign nationals applying for South African temporary residence and South African permanent residence. 2023-04-16T22:00:00Z 31a71565-6d35-4745-b52f-fc38cf2b9623 https://www.webberwentzel.com//News/Pages/employment-equity-amendment-bill-2020-signed-into-law-employers-must-act-swiftly-and-take-a-measured-approach.aspx The Employment Equity Amendment Act has been signed into law, which paves the way for setting enforceable numerical targets for employment equity for economic sectors and fining employers who are non-compliant. 2023-04-12T22:00:00Z dee213ac-4509-496a-8fdc-6b56c29251e8 https://www.webberwentzel.com//News/Pages/gender-empowerment-in-the-workplace-is-more-than-a-moral-obligation.aspx The term "gender empowerment" was developed to describe the process of increasing the power and influence of women in society, while recognising the importance of including men and non-binary individuals in the process. 2023-04-10T22:00:00Z 9d475a00-2c3d-4ed4-a741-8c2732c96563 https://www.webberwentzel.com//News/Pages/home-affairs-extends-temporary-measures-to-manage-visa-and-waiver-applications.aspx The Department of Home Affairs (DHA) has introduced temporary measures to address a backlog in processing visa and waiver applications. 2023-03-29T22:00:00Z 278ff126-efbc-4cf5-86bb-ce724a15da66 https://www.webberwentzel.com//News/Pages/collective-misconduct-and-the-burden-of-proof-lessons-for-employers.aspx The Labour Appeal Court has ruled against an employer's reliance on collective misconduct for shrinkage in an unfair dismissal case, reinforcing the importance of evidence and the burden of proof placed on the employer. 2023-03-22T22:00:00Z c3052ea2-1986-4c58-b752-5ddc165ab061 https://www.webberwentzel.com//News/Pages/unpopular-employee-lessons-for-employers.aspx In Zimbini Makuleni v Standard Bank of South Africa Ltd and Others , the Labour Appeal Court (LAC) determined whether an employer could dismiss an employee for misconduct where the facts demonstrated that they were an unpopular boss. 2023-03-12T22:00:00Z 56c9887e-08ff-4954-94a0-e6591a16fb03 https://www.webberwentzel.com//News/Pages/restraints-of-trade-and-settlement-agreements-a-lesson-for-employers-on-the-full-and-final-settlement-of-disputes.aspx According to a recent judgment from the Labour Appeal Court (LAC), when concluding settlement agreements with former employees, employers must actively preserve their rights to enforce restraint of trade undertakings, and other important protections. 2023-02-26T22:00:00Z 765c966d-7ff1-4d8d-bd6a-f53ae28b9706 https://www.webberwentzel.com//News/Pages/impact-of-the-national-minimum-wage-on-agribusinesses.aspx Hard-pressed agribusinesses battle to contain costs and maintain operational viability in the current economic climate which makes the sector vulnerable to the impact of large National Minimum Wage (NMW) increases 2023-02-26T22:00:00Z b273bf89-c862-4929-aa63-f0fd30661cee https://www.webberwentzel.com//News/Pages/south-africa-has-been-grey-listed-what-are-the-implications-for-the-country-going-forward.aspx South Africa’s greylisting by the Financial Action Task Force (FATF) has significant implications for its economic growth and global competitiveness, but moves are already being taken to satisfy the FATF 2023-02-23T22:00:00Z c2b5a873-8770-4589-b1a2-59f597d485c1 https://www.webberwentzel.com//News/Pages/new-national-minimum-wage-announced.aspx Employers need to be aware of the new higher National Minimum Wage rates from 1 March and to take these rates into account when they engage in collective bargaining agreements. 2023-02-21T22:00:00Z 9e3d4bf6-1de4-49e0-b7a3-018109bcad52 https://www.webberwentzel.com//News/Pages/2023-earnings-threshold-entitles-employees-to-stricter-labour-legislation-protections.aspx From 1 March 2023, the earnings threshold will increase to ZAR 241 110.59, entitling employees falling below the new threshold to stricter protections in terms of labour legislation. 2023-02-20T22:00:00Z b3585dc9-69b4-43f0-b185-13262a127824 https://www.webberwentzel.com//News/Pages/new-sec-compensation-clawback-rules-impact-us-listed-south-african-private-issuers.aspx A new US Securities Exchange Act Rule will take effect on 27 January 2024 and impact US-listed private issuers and dual-listed companies. 2023-02-13T22:00:00Z d57783e5-f985-4351-a677-52a096996aeb https://www.webberwentzel.com//News/Pages/picture-this-visually-aided-employment-contracts-in-the-mining-sector.aspx It is time for the mining sector to embrace modern and effective methods of communicating employment contracts. 2023-02-08T22:00:00Z 45f9cc07-6c75-4a6a-b30c-2d60c7abbe64 https://www.webberwentzel.com//News/Pages/a-matter-already-judged-cannot-be-judged-again.aspx In a recent judgment, the Labour Court has confirmed that instituting a claim for unlawful termination may follow an unsuccessful claim for unfair dismissal at the CCMA. 2023-01-26T22:00:00Z bf938556-e998-448c-b372-e68214edcdba https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-as-2022-south-africa-law-firm-of-the-year-by-top-ranked-legal.aspx Webber Wentzel has been awarded the 2022 South Africa Law Firm of the Year in the EMEA Awards by Top Ranked Legal. 2022-12-20T22:00:00Z e5613ec0-5dcc-4f4c-840e-d10e9e8c75b9 https://www.webberwentzel.com//News/Pages/africa-needs-to-get-in-gear-to-host-global-motor-racing.aspx The Formula E event in Cape Town in 2023, and perhaps future Formula 1 events in South Africa, would stimulate infrastructure development, but also require coordination among a broad group of stakeholders. 2022-12-06T22:00:00Z 38bbbb83-2cad-4c23-bb48-1b896c599c1f https://www.webberwentzel.com//News/Pages/awareness-to-accountability-unpacking-the-test-for-unwanted-conduct-as-an-element-of-sexual-harassment.aspx 16 Days of Activism against Gender-Based Violence is an international campaign that raises awareness and mobilises advocacy to combat violence against women and children. 2022-12-06T22:00:00Z 38fc7b1c-db97-46d7-a5ad-9519e63b85b0 https://www.webberwentzel.com//News/Pages/embracing-neurodiversity-beyond-disability.aspx Disability Rights Awareness Month runs from 3 November to 3 December 2022 and is focussed on “empowering persons with disabilities through resourceful, sustainable and safe environments”, while recognising that not all disabilities are visible. 2022-11-17T22:00:00Z 233ca1fc-8af6-4789-8e80-1993ef4cc119 https://www.webberwentzel.com//News/Pages/public-sector-strike-action-may-put-the-new-essential-service-committee-regulations-of-2022-to-the-test.aspx Trade unions in the public sector vow that planned protest action will disrupt essential services such as hospitals and courts during a 'National Day of Action' on 22 November 2022, with promises of full-blown strike action thereafter. How do the restrictions on workers' right to strike in essential services mitigate the potential disruption? 2022-11-17T22:00:00Z 5a3c193a-c95e-4ee3-8eb6-5ef7b8538f93 https://www.webberwentzel.com//News/Pages/ster-kinekor-successfully-exits-business-rescue-with-webber-wentzel-at-its-side.aspx Webber Wentzel assisted and advised Ernst & Young's Stefan Smyth (business rescue practitioner) on a ZAR 250 million business rescue matter involving the refinancing and restructuring of Ster Kinekor's debt and the 100% purchasing of the Ster Kinekor shares by Blantyre Capital Limited and Greenpoint Specialised Lending. 2022-11-14T22:00:00Z 51bd87f4-7cda-484b-b24f-1547a082ed6a https://www.webberwentzel.com//News/Pages/employment-and-employee-benefits-seminar-linking-key-esg-trends-to-the-current-employment-landscape.aspx In a hybrid event held on 29 September 2022, our Employment and Employee Benefits Group presented insights linking key ESG trends to the current employment landscape. 2022-11-13T22:00:00Z 3bcee8bb-8bde-49c3-bdd5-733f73a703d6 https://www.webberwentzel.com//News/Pages/dismissal-emanating-from-wearing-high-heeled-shoes-sartorial-elegance-against-health-and-safety.aspx In a recent judgment , the Labour Court reinstated an employee who had been dismissed for voicing her dissatisfaction with the company’s policy on wearing high-heeled shoes on mine premises. 2022-11-09T22:00:00Z 3da72226-1737-4fd1-bd79-edfe9ef7623f https://www.webberwentzel.com//News/Pages/win-for-new-mothers-as-brandt-v-quoin-rock-wines-develops-protection-from-unfair-discrimination-on-the-grounds-of-pregnancy.aspx A recent Labour Court judgment develops the prohibition against unfair discrimination on the grounds of pregnancy. 2022-11-08T22:00:00Z 556e5d6e-a863-49e3-aa60-9e37b9d73680 https://www.webberwentzel.com//News/Pages/violence-and-intimidation-associated-with-industrial-action-using-picketing-rule-and-code-on-harasment-to-migitate-violence.aspx Employers trying to tackle violence related to industrial action have traditionally reacted with court proceedings and disciplinary action once such action has taken place. 2022-10-26T22:00:00Z 5da65452-0c09-451d-bed5-e22eac367ee9 https://www.webberwentzel.com//News/Pages/amended-ee-bill-tightens-up-on-transformation-targets.aspx Employers will face consequences if the Employment Equity Amendment Bill is implemented, specifically that hard-coded sector targets will be enforced, together with fines for non-compliance. 2022-10-25T22:00:00Z 55a1b15f-c3cc-474e-bb3d-8c1125e0e8fb https://www.webberwentzel.com//News/Pages/radio-dj-15-years-later-and-still-not-an-employee.aspx A recent Labour Court judgment applied the dominant impression test to establish whether a radio DJ was an employee of the SABC or an independent contractor. 2022-10-13T22:00:00Z 4fa6479a-c78d-4b2a-8c43-c95c1904a326 https://www.webberwentzel.com//News/Pages/employers-role-in-eradicating-gender-based-violence-legally-required-or-simply-virtuous.aspx The National Council on Gender Based Violence and Femicide draft Bill, published on 30 September 2022 prompts employers to reflect on their role in dealing with gender-based violence. 2022-10-13T22:00:00Z 3c2d4d5d-1c3c-42ba-b486-5c599ddcd444 https://www.webberwentzel.com//News/Pages/debt-bondage-in-an-esg-era-are-garnishee-orders-indicators-of-forced-labour.aspx Employers applying emolument attachment orders to employees’ salaries should be wary of this being perceived as a form of debt bondage. If so, it could fall foul of European Commission proposals on forced labour. 2022-10-05T22:00:00Z 74044d5b-686b-4adf-9bab-9de45811464c https://www.webberwentzel.com//News/Pages/gbv-bill-establishing-the-national-council-on-gbv-and-femicide-to-be-introduced-to-parliament.aspx On 30 September 2022, the Minister of Women, Youth and Persons with Disabilities published the National Council on Gender-Based Violence and Femicide Bill (Bill). 2022-10-04T22:00:00Z b760e412-211e-4f38-b8dc-96b2a569fa1e https://www.webberwentzel.com//News/Pages/the-employment-services-amendment-bill-gives-a-glimpse-into-the-future-of-digital-labour-platforms.aspx The Employment Services Amendment Bill introduces certain employment obligations for digital labour platforms and this may mark the beginning of more extensive regulation of these platforms. 2022-09-27T22:00:00Z 6b323ae0-2071-463e-9d87-93672c45466a https://www.webberwentzel.com//News/Pages/webber-wentzel-won-the-african-legal-awards-m-and-a-team-of-the-year.aspx Webber Wentzel won the African Legal Awards M&A Team of the Year for advising on the joint venture between Sanlam Limited, its subsidiaries, and Allianz BV, a subsidiary of Allianz SE. 2022-09-25T22:00:00Z b4178603-c6cb-4d73-9fa2-01be4c84aa55 https://www.webberwentzel.com//News/Pages/wholesale-retail-and-hospitality-sector-employers-reminder-of-blitz-compliance-inspections-this-week.aspx The Gauteng Inspectorate and Enforcement Services will be conducting a mega blitz this week to check if employers in the wholesale, retail and hospitality sectors are complying with legislation 2022-09-25T22:00:00Z 2311caff-51d6-444f-b53e-f8346258ffa6 https://www.webberwentzel.com//News/Pages/seminar-invitation-webber-wentzel-employment-and-employee-benefits.aspx Please join us for our upcoming seminar where the experts from our Employment and Employee Benefits Group will present their insights linking key ESG trends to the current employment landscape. 2022-09-13T22:00:00Z f8494659-7f41-4705-ba2e-b9fab287c90e https://www.webberwentzel.com//News/Pages/home-affairs-introduces-temporary-measures-to-manage-pending-visa-and-waiver-applications.aspx The Department of Home Affairs (DHA) has introduced further temporary measures in respect of a backlog towards processing outcomes on visa and waiver applications. 2022-09-11T22:00:00Z a03dbef2-56d9-4209-bade-66b52160ee12 https://www.webberwentzel.com//News/Pages/some-relief-for-zimbabweans-and-another-internal-change.aspx Zimbabwean Exemption Permits (ZEP) have been extended for another six months and additional internal changes have been made to South Africa's visa processing system. 2022-09-05T22:00:00Z a156ce41-109a-42b5-a85a-fb56bee3ffa9 https://www.webberwentzel.com//News/Pages/significant-changes-to-transformation-in-the-workplace-set-for-1-september-2023.aspx The Employment Equity Amendment Bill which proposes wide-reaching changes to the regulation of transformation in the workplace will be signed into law imminently according to the Department of Employment and Labour's Acting Deputy Director-General of Labour Policy and Industrial Relations, with 1 September 2023 as the effective date. 2022-08-31T22:00:00Z 61e4ae4c-5b39-4ed3-ab4f-5bc026d8ff33 https://www.webberwentzel.com//News/Pages/common-purpose-in-strike-related-misconduct-when-seeing-evil-is-not-enough.aspx A recent Constitutional Court judgment refines the application of the doctrine of common purpose in matters of strike-related misconduct. Establishing proximity is not sufficient grounds to dismiss large groups of employees. 2022-08-31T22:00:00Z 2f5582dc-c061-4042-9651-2bccce749bf3 https://www.webberwentzel.com//News/Pages/an-intersectional-approach-to-unfair-discrimination-based-on-pregnancy.aspx During Women’s Month, it is apt to consider issues that women continue to face in the workplace. One of those is discrimination by employers on the grounds of pregnancy. 2022-08-30T22:00:00Z 667d4361-c9fd-4c08-915f-aef6742d0069 https://www.webberwentzel.com//News/Pages/new-critical-skills-list-provides-relief-for-foreign-professionals-in-the-healthcare-sector.aspx The revised Critical Skills List extends the opportunity to obtain critical skills visas and permanent residence permits to various professionals in the healthcare sector effective from 2 August 2022 2022-08-04T22:00:00Z 55bac0bc-c059-40ef-a12f-c1254aae3186 https://www.webberwentzel.com//News/Pages/linking-the-s-in-esg-to-employment-tax-incentives.aspx While companies need to focus on their environmental and governance principles to meet their ESG requirements, they should not ignore the integral role of non-financial factors, which make up the "S" in ESG. 2022-07-26T22:00:00Z 6416a970-afcd-49a1-a29c-ba4cd0366d11 https://www.webberwentzel.com//News/Pages/key-considerations-for-companies-when-removing-a-director-from-office.aspx Removing a director from office in an unfair or unlawful manner exposes companies to liability under the Labour Relations Act as well as the Companies Act. This article raises some key considerations for companies looking to achieve the smooth departure of a director. 2022-07-25T22:00:00Z 0e3f59dd-184a-449c-b1c2-1e4aa4b1e4a8 https://www.webberwentzel.com//News/Pages/department-of-employment-and-labour-adopts-a-call-to-action-programme-to-eliminate-child-labour-in-the-agricultural-sector.aspx Child labour in the agricultural sector threatens ESG compliance and exposes employers to possible fines or imprisonment in terms of the Basic Conditions of Employment Act as well as the Child Care Act. 2022-07-18T22:00:00Z 80bb3faa-9c04-4733-8cf4-2f519119cf15 https://www.webberwentzel.com//News/Pages/new-visa-system-taking-flight-a-turbulent-period-for-foreign-employees-as-visa-application-backlogs-increase.aspx South Africa's immigration system sees a complete overhaul on the horizon starting with long term visa applications for foreign nationals wishing to stay for over three months in South Africa. 2022-07-06T22:00:00Z 3e3d8c3b-d41f-423e-a7f9-e68b41f5854f https://www.webberwentzel.com//News/Pages/invalid-or-unfair-formulating-dismissal-claims-to-bypass-the-ccma-is-not-a-shortcut-to-the-labour-court.aspx The Labour Court has confirmed in a recent judgment that terminating a contract of employment can be invalid, but it does not always follow that employees are entitled to jump the queue at the Labour Couert for redress, and certainly not in circumstances in which the true dispute relates to an unfair dismissal claim governed by the Labour Relations Act. 2022-06-30T22:00:00Z bf038825-e7d3-4c33-81ef-5960eef9ddcd https://www.webberwentzel.com//News/Pages/covid-19-regulations-eased-masks-gatherings-and-border-crossings-see-major-change-in-regulation.aspx In the later hours of 22 June 2022, the Minister of Health repealed major Covid-19 measures in place as the country sees the virus becoming more endemic. 2022-06-22T22:00:00Z 5c2cf083-7cf6-4d25-802d-c948b4c6acb2 https://www.webberwentzel.com//News/Pages/unfairly-excluding-south-africans-from-employment-opportunities-in-favour-of-foreign-nationals-regarded-discrimination.aspx The employment of foreign nationals must not adversely impact the rights of unskilled South Africans and excluding South Africans from employment opportunities may constitute unfair discrimination. 2022-06-21T22:00:00Z 40173068-7fbc-4a1c-808d-b61aedd29708 https://www.webberwentzel.com//News/Pages/mining-operators-may-face-significant-changes-arising-from-draft-mine-health-and-safety-amendment-bill.aspx On 15 June 2022, the Minister of Mineral Resources and Energy published the Draft Mine Health and Safety Amendment Bill together with an invitation to interested and affected parties to comment on the anticipated changes. 2022-06-16T22:00:00Z b63d953c-f94f-45ed-85b1-45f9cd8e1721 https://www.webberwentzel.com//News/Pages/timing-is-everything-in-the-labour-court-dismissing-a-claim-due-to-inordinate-delay.aspx In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant 2022-06-07T22:00:00Z c21dcc47-38ad-4fd5-ba81-92f08934e148 https://www.webberwentzel.com//News/Pages/you-better-mean-it-when-you-say-I-am-out.aspx A recent Labour Court judgment has reinforced the unilateral nature of an employee’s resignation and clarified the legal authority of an administrator to hire employees. 2022-05-29T22:00:00Z 09ab52cd-7184-4902-9832-fbbc04aead73 https://www.webberwentzel.com//News/Pages/new-harassment-code-will-require-employers-to-overhaul-existing-policies.aspx A new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace has become effective. The new code will require a total overhaul of sexual harassment and harassment policies that employers currently have in place as well as how these policies are implemented 2022-05-23T22:00:00Z 5302ed82-51d9-4e81-ad32-7b35d88a2d85 https://www.webberwentzel.com//News/Pages/unclaimed-retirement-benefits-in-the-mining-industry.aspx Union Funds in the mining industry are holding particularly large sums in unclaimed benefits, for several reasons, including poor record-keeping. 2022-05-05T22:00:00Z e62f4dd8-9541-49fd-a950-d27a2bf97478 https://www.webberwentzel.com//News/Pages/immigration-law-update.aspx A number of changes are being proposed to South Africa’s immigration regime, including a new critical skills list and a new draft policy with an emphasis on co-ordination across different ministries 2022-04-13T22:00:00Z bcb905f9-7e1e-4fd6-b5e6-0ac277783cf8 https://www.webberwentzel.com//News/Pages/22-legal-developments-for-businesses-to-monitor-in-2022.aspx We have collated a snapshot of key themes to track in 2022 and of 22 legal developments for the year which you will need to keep a tab on. In 2022, various legal developments are expected to have an impact on businesses, particularly in the fields of liability, ESG, digital and economic transformation. 2022-03-22T22:00:00Z 89fd1976-e83b-402b-8569-6440829de31a https://www.webberwentzel.com//News/Pages/managing-covid-19-after-the-national-state-of-disaster.aspx A new Code of Practice has been issued to guide employers on measures that need to be taken in the workplace to contain Covid-19 infections, once the National State of Disaster ends. 2022-03-15T22:00:00Z 779e516b-2644-4e09-8db3-ac600f8d0acb https://www.webberwentzel.com//News/Pages/you-are-not-entering-at-own-risk-covid-19-admission-policies-the-labour-court-weighs-in.aspx A recent Labour Court judgment has upheld an employer’s right to require employees to have a Covid-19 vaccination or provide a weekly negative test if they decline to be vaccinated, but it leaves several important questions unanswered. 2022-03-14T22:00:00Z d7dce1d5-5cc0-418c-9905-87b4680fc6e5 https://www.webberwentzel.com//News/Pages/strike-interdicts-identify-the-oaks-the-highest-court-finds.aspx A recent decision by the Constitutional Court has important implications for employers in relation to seeking final interdictory relief in a strike marred with unlawful conduct. 2022-03-09T22:00:00Z ec5746a9-250d-4c46-80bf-b711bc6871e8 https://www.webberwentzel.com//News/Pages/constitutional-court-judgment-on-public-sector-wage-increases.aspx The Constitutional Court has found to be invalid, unlawful and unenforceable a collective agreement concluded between a Minister and various trade unions. 2022-02-28T22:00:00Z c4a27805-07d2-445d-a557-2910b4e1c66c https://www.webberwentzel.com//News/Pages/webber-wentzel-recognised-in-chambers-global-2022.aspx Earlier this year, Webber Wentzel was awarded South Africa Law Firm of the Year at the Chambers Africa Awards 2022. Yesterday, Chambers Global released its 2022 results, ranking law firm practices and lawyers according to their client service, commercial vision, business understanding, diligence and value for money. 2022-02-17T22:00:00Z 9f403457-c481-491c-98e1-b86f86195a6a https://www.webberwentzel.com//News/Pages/conflict-of-interest-moonlighting-and-the-duty-of-good-faith.aspx A recent judgment in the Labour Appeal Court (LAC) has re-emphasized that employees have a duty of good faith to their employers, by disclosing material activities that may result in a conflict of interest. 2022-01-31T22:00:00Z 18a5ab56-0b45-49f1-865b-fe10ea6511d5 https://www.webberwentzel.com//News/Pages/employee-dismissed-for-abusing-sick-leave-to-watch-rugby.aspx A recent judgement in the Labour Appeal Court (LAC) held that an employee can be fairly dismissed for dishonesty if the employee claims to be ill and then uses sick leave entitlement to attend a sports match. 2022-01-19T22:00:00Z 2665f3da-9040-47b8-8e1c-3a1e5673add4 https://www.webberwentzel.com//News/Pages/south-african-law-year-to-come-2022-and-year-in-review-2021.aspx Webber Wentzel has contributed to the Linklaters' global guide series - Year to Come 2022 and Year in Review 2021. The series brings together analysis, thinking and highlights from lawyers around the world across multiple jurisdictions, in the form of topic-specific and jurisdictional guides. 2022-01-17T22:00:00Z 661432c4-4146-4d7e-9a12-6421e0b61c4e https://www.webberwentzel.com//News/Pages/employers-and-employees-cautioned-against-false-termination-information.aspx In a recent judgement, the Labour Court found that misrepresentation of facts in a UI-19 form is a criminal offence under the Unemployment Insurance Act, 63 of 2001 (UIA). 2022-01-16T22:00:00Z 6ce5ad5a-81a4-4293-88ad-55c2f000b602 https://www.webberwentzel.com//News/Pages/should-an-employee-accept-a-voluntary-severance-package-when-business-rescue-proceedings-are-anticipated.aspx When business rescue is looming, it may be better for employees to wait before accepting a voluntary severance package, as they will rank higher as creditors if they accept the VSP after the business rescue plan is adopted 2021-12-05T22:00:00Z 8f16279b-4159-4de9-811c-b874fb089cc8 https://www.webberwentzel.com//News/Pages/secondary-strikes-constitutional-court-upholds-judgments-of-the-labour-court-and-labour-appeal-court.aspx On 12 November 2021, the Constitutional Court (CC) held in favour of mining employers in a historic secondary strike judgment. Our employment team successfully represented several mining employers from the interdict stage at the Labour Court (LC) to the appeal stage at the Labour Appeal Court (LAC) and finally the CC. 2021-11-11T22:00:00Z dd68dc7b-19d1-42d7-a97c-11e3634b7655 https://www.webberwentzel.com//News/Pages/mandatory-vaccination-in-the-workplace-considerations-for-employers.aspx Various unanswered questions around mandatory vaccination may be tested in the courts after several organisations have announced that they are implementing mandatory vaccination policies at their workplaces 2021-10-19T22:00:00Z 6f1c4353-02ac-4fdb-a008-2a6a0372c37e https://www.webberwentzel.com//News/Pages/the-role-of-incapacity-in-dismissals-for-misconduct.aspx A recent judgment* by the Labour Court addresses the role that incapacity can play when an employee is charged with misconduct, and whether an employer is required to exclude the possibility of incapacity in these circumstances. 2021-10-03T22:00:00Z fc111b5f-0856-429e-a53a-6c92034150de https://www.webberwentzel.com//News/Pages/managing-mental-health-issues-in-the-workplace.aspx Managing mental health related issues in the workplace can be difficult. Employers should manage employees with mental health related issues carefully and fairly, working with, rather than against, employees with mental health related issues. This may alleviate the need to terminate an employee's employment and assist the employee in dealing with their mental illness. 2021-09-01T22:00:00Z 03a77f34-702f-4ec6-89f8-08cf36b4b616 https://www.webberwentzel.com//News/Pages/a-journey-of-growth-and-success.aspx Webber Wentzel Senior Partner Christo Els and Managing Partner, Sally Hutton, chat to Tom Pearson in a podcast focussing on the growth and success of one of Africa’s foremost law firms. 2021-08-09T22:00:00Z ce139ec2-60af-4aa6-ac77-e2c6cca14cc6 https://www.webberwentzel.com//News/Pages/revised-covid-19-mandatory-code-of-practice-issued-for-mining-industry.aspx The DMRE has issued an updated Guideline for a Mandatory Code of Practice for mines, which mainly differs from the May 2020 Guideline in providing a full set of annexures and guideline documents 2021-08-09T22:00:00Z b6686578-7b13-4964-bb40-4afd52905b7e https://www.webberwentzel.com//News/Pages/a-guide-to-employers-tax-obligations-after-damage-to-their-premises.aspx The recent looting and damage to businesses in KwaZulu-Natal and Gauteng has had a devastating impact on many businesses, both small and large. In some cases, the damage is so severe that the business cannot continue to produce or sell, and valuable data may have been lost, including employee and tax records. 2021-07-27T22:00:00Z db49ca00-8ddc-4639-adcf-b1b9ac4bdb9b https://www.webberwentzel.com//News/Pages/civil-unrest-and-public-looting-managing-key-employment-issues.aspx Employers seeking an appropriate response to the civil unrest and public looting in Gauteng, KwaZulu-Natal and other parts of South Africa will have to consider different factual circumstances. 2021-07-14T22:00:00Z 5e43175c-8d52-4684-983e-dccca4b010a4 https://www.webberwentzel.com//News/Pages/uk-appeals-court-declares-that-deliveroo-riders-are-not-workers.aspx The UK Court of Appeal judgment that Deliveroo riders are not workers appears to contradict a UK Supreme Court judgment that Uber drivers are workers, but Deliveroo riders do not have to make deliveries personally 2021-07-11T22:00:00Z 09176572-d941-4cba-8d94-aba373aaa413 https://www.webberwentzel.com//News/Pages/Employer-Roles-on-Mandatory-Vaccination-Roll-outs.aspx Employers considering putting a mandatory Covid-19 vaccination policy in place need to take several factors into account, including appropriate steps if an employee refuses 2021-07-05T22:00:00Z c640d855-1b7b-45f3-97f5-38b60d30336b https://www.webberwentzel.com//News/Pages/highest-court-finds-that-dismissed-employees-compensation-for-procedural-unfairness-may-be-reduced.aspx The Constitutional Court has handed down a judgment confirming that it can reduce compensation awarded for procedurally unfair dismissals. The case also shines a light on the real costs of employers not following the correct processes – legal costs, punitive costs, and time with protracted litigation. 2021-06-30T22:00:00Z 7da98fa6-c91b-4cb6-a311-293ecb44c9fd https://www.webberwentzel.com//News/Pages/the-impact-of-the-impending-aarto-act-on-employers.aspx The Administrative Adjudication of Road Traffic Offences Act 4 of 2019 (AARTO) comes into effect on 1 July 2021. AARTO intends to address non-compliant behaviour to road traffic laws and reduce the number of road accidents in South Africa. AARTO will also, however, impose new obligations on employers. 2021-06-29T22:00:00Z ac535c1e-5662-4d7c-adef-f31e869ad63f https://www.webberwentzel.com//News/Pages/revised-covid-19-direction-on-health-and-safety-in-the-workplace-published.aspx A revised Covid-19 Direction on Health and Safety in the Workplace sets out the regulations on vaccines and guidelines for employers considering mandatory vaccinations of employees 2021-06-10T22:00:00Z 730acd3b-de51-4fcc-92af-a24cd6751c91 https://www.webberwentzel.com//News/Pages/employee-dismissed-for-reporting-to-work-with-covid-19.aspx A recent judgment by the Labour Court implores employers to consider whether existing Covid-19 health and safety protocols are being taken seriously by employees. Such protocols are meaningless if they are merely "in place and on paper" 2021-05-06T22:00:00Z e7db0935-0f37-424d-9f4b-119cd4e420e2 https://www.webberwentzel.com//News/Pages/the-legal-effect-of-a-liquidated-company-on-review-proceedings-at-the-labour-court.aspx In a recent judgment, the Labour Court found that it did not have jurisdiction to determine review proceedings for a liquidated company if the person who instituted the legal proceedings failed to deliver the necessary notice to the liquidators 2021-05-05T22:00:00Z eddfb9a4-eab5-49dd-b19b-1ac65b314b5f https://www.webberwentzel.com//News/Pages/strike-guidelines-set-aside-by-high-court.aspx The High Court recently set aside guidelines issued by the Minister of Employment and Labour on balloting for strike action on the grounds that they were ultra vires 2021-05-05T22:00:00Z 3ca42381-53ca-46d9-8a58-3c4d2675ff3e https://www.webberwentzel.com//News/Pages/employer-liable-to-pay-a-portion-of-r3-9-million-awarded-for-sexual-assault-in-the-workplace.aspx A recent High Court judgment upholds the potential consequences for an employer that does not provide a safe working environment for employees, including one free of sexual assault or other forms of harassment 2021-05-04T22:00:00Z 7af81b47-828b-41d6-95bc-2d046d93552a https://www.webberwentzel.com//News/Pages/tackling-hiv-in-the-mining-industry-new-guidance-note-published-by-the-department-of-mineral-resources-and-energy.aspx The Chief Inspector of Mines has issued a guidance note to assist mining companies to manage and control HIV in the workplace, which requires employers to put policies, plans, awareness and monitoring in place 2021-05-03T22:00:00Z 9de6d799-cd94-4740-9659-be07d01affd8 https://www.webberwentzel.com//News/Pages/hazardous-chemical-agents-new-regulations-gazetted.aspx New regulations on hazardous chemicals have been published. They replace the previous regulations of 1995, and contain new definitions and additional measures on issues such as labelling and disposal 2021-05-03T22:00:00Z 3da82f1f-a739-47a8-b2cb-e476201c72e3 https://www.webberwentzel.com//News/Pages/australias-fair-work-commission-rules-on-dismissal-of-employee-for-refusing-to-take-flu-vaccine.aspx A recent decision of Australia’s Fair Work Commission upheld an employer’s reasonable requirement for staff to be vaccinated against influenza, but we caution that this principle remains untested in the Covid-19 vaccination rollout in South Africa 2021-04-28T22:00:00Z da9f4aac-8286-435f-8f28-d390a76b499d https://www.webberwentzel.com//News/Pages/ccma-reinstates-employee-dismissed-for-absence-without-permission.aspx The CCMA recently reinstated an employee who took leave without permission during the Covid-19 lockdown, in a ruling which delivers an important lesson for other employers 2021-04-11T22:00:00Z d55d7d61-6e87-4981-90db-0c211d840d54 https://www.webberwentzel.com//News/Pages/labour-appeal-court-upholds-dismissal-of-employees-for-carrying-weapons-during-strike-action.aspx The Labour Appeal Court has ruled that employees can be dismissed for carrying weapons during a strike and it is reasonable to expect them to know that this is a dismissable offence 2021-04-11T22:00:00Z 91f93710-7f06-47d0-9f0e-95d694681a76 https://www.webberwentzel.com//News/Pages/webber-wentzel-successfully-obtains-community-unrest-interdicts-for-different-clients-operating-in-the-mining-industry.aspx On two recent occasions involving mining operations in Limpopo and Mpumalanga, Webber Wentzel has assisted different clients operating in the mining industry to obtain interdicts against the SAPS to compel them to fulfil their duty to maintain law and order 2021-03-28T22:00:00Z 5df9012c-05c6-4806-8c35-41a59165d808 https://www.webberwentzel.com//News/Pages/employee-attacked-at-work-during-protest-action-may-claim-damages-from-her-employer.aspx A recent Supreme Court of Appeal judgment has provided new guidance on COIDA cover and when employers may be exposed to direct claims for damages by employees. 2021-03-24T22:00:00Z 23183d74-fb72-4cea-b775-c25a7619aae3 https://www.webberwentzel.com//News/Pages/sabs-issues-new-standard-for-hand-sanitisers.aspx The SABS has issued a new standard for hand sanitisers, which manufacturers of these products and employers distributing them in the workplace should comply with 2021-03-15T22:00:00Z 69f00270-6347-4ae7-942b-363a2b155d6f https://www.webberwentzel.com//News/Pages/covid-19-ters-extension-key-information-for-employers.aspx A new directive sets out conditions for the extension of benefits under the Covid-19 TERS scheme, which applies only to four categories of employees. 2021-03-10T22:00:00Z 516ec5a1-68fc-4e99-8e28-99a2f0458046 https://www.webberwentzel.com//News/Pages/can-mining-houses-compel-employees-to-be-vaccinated.aspx As South Africa prepares to roll out the Covid-19 vaccine, mining companies will be important centres for distribution, but they will have to be circumspect in imposing vaccines on their employees 2021-03-03T22:00:00Z fe76ffd9-6056-40e3-b92d-c26b21df9aa5 https://www.webberwentzel.com//News/Pages/workplace-covid-19-vaccination-policies-key-considerations-for-employers.aspx With the imminent arrival of South Africa's first batch of Covid-19 vaccines, many employers are considering the workplace Covid-19 vaccination policies they need to put in place. We caution against employers implementing a mandatory policy requiring all employees to be vaccinated. 2021-03-03T22:00:00Z b30e1059-e4f2-43fe-95e5-7a6989af8af5 https://www.webberwentzel.com//News/Pages/uber-drivers-in-south-africa-employees-or-independent-contractors.aspx Uber drivers are currently classified as independent contractors in South Africa, but there are plans to launch a class action to compel Uber SA to confer several key rights on its drivers, which, if successful, will affect the rights of platform workers 2021-03-01T22:00:00Z 55980bcb-7803-4e2a-85ca-2077e3a7604e https://www.webberwentzel.com//News/Pages/sa-lets-do-business-ebook.aspx ​A tailored and on-the-ground perspective for business in South Africa and those looking to invest in South Africa. 2021-02-28T22:00:00Z 63965731-23a6-4252-bf73-8f549351c191 https://www.webberwentzel.com//News/Pages/draft-critical-skills-list-out-for-public-comment.aspx The critical skills list identifies occupations in various sectors for skilled immigration. Section 19(4) of the Immigration Act 13 of 2002 provides that the Department of Home Affairs can issue a critical skills work visa to a foreign employee possessing skills or qualifications considered to be critical for South Africa. 2021-02-23T22:00:00Z 4efda244-9d41-4737-8d10-a96e2fd48f0b https://www.webberwentzel.com//News/Pages/21-legal-developments-for-businesses-to-monitor-in-2021.aspx We have collated a snapshot of key themes to track in 2021 and of 21 legal developments for the year which you will need to keep a tab on. 2021-02-17T22:00:00Z 74a42f65-534f-4a88-bcf0-b218b24ef685 https://www.webberwentzel.com//News/Pages/covid-19-ters-scheme-extended-to-15-march-2021.aspx The president has announced the TERS benefit will be extended to 15 March 2021 for certain sectors but there are unanswered questions over aspects of the extension. 2021-02-16T22:00:00Z 257e5c99-4772-427d-9c7b-5ecf2e052599 https://www.webberwentzel.com//News/Pages/new-bcea-earnings-threshold-from-1-march-2021.aspx The Department of Employment and Labour has published a new earnings threshold under the Basic Conditions of Employment Act 75 of 1997. 2021-02-11T22:00:00Z 320ab052-c526-462f-b735-b2b6d9df191e https://www.webberwentzel.com//News/Pages/recent-labour-appeal-court-and-constitutional-court-judgments-not-applicable-to-private-sector.aspx Important judgments were recently handed down by the Labour Appeal Court and Constitutional Court. Given the issues dealt with in these judgments (collective bargaining and interception of communication), questions were raised about their impact on the private sector. 2021-02-10T22:00:00Z a11bfe49-bef0-42d5-b64c-d19e30b4b529 https://www.webberwentzel.com//News/Pages/increases-to-national-minimum-wage-from-1-march-2021.aspx The Department of Employment and Labour (DEL) has announced increases to the national minimum wage that will come into effect from 1 March 2021. These increases follow the recommendations made by the National Minimum Wage Commission in late 2020. 2021-02-09T22:00:00Z 44ae1363-ab16-41f7-9741-eae3bf482818 https://www.webberwentzel.com//News/Pages/corruption-watch-releases-new-report-on-covid-19-ters-scheme.aspx A report by Corruption Watch into the payment of TERS benefits has exposed maladministration and corruption in the UIF, highlighting that the department of employment and labour needs to improve its systems 2021-02-07T22:00:00Z e5e3efe0-35ca-49ca-82e6-09b81662e3d6 https://www.webberwentzel.com//News/Pages/podcast-covid-19-vaccines-employer-considerations.aspx Over this 6-part series, We will be unpacking various issues from the possibility of mandatory vaccination policies for employees to personal information management of employee vaccination data.​ 2021-02-04T22:00:00Z dd040ab8-7d2b-4bdc-b2c6-dfbb92a6e4c7 https://www.webberwentzel.com//News/Pages/good-job-minister-mantashe-now-more-of-the-same.aspx Minister Gwede Mantashe and his Department of Mineral Resources and Energy should be complimented for working hard through varying lockdown levels and a personal bout of Covid-19. 2021-01-28T22:00:00Z 7b960c98-a9ab-493a-8b9d-5138390e2b54 https://www.webberwentzel.com//News/Pages/resignation-with-immediate-effect-meaningless-when-disciplinary-hearing-occurs-in-the-notice-period.aspx In a recent judgment, the Labour Appeal Court had to once again deal with the interplay between resignation with immediate effect and disciplinary action. 2020-12-13T22:00:00Z d41aed7d-0ee5-4364-928c-15ecad42f7f5 https://www.webberwentzel.com//News/Pages/4-5-percent-increase-to-national-minimum-wage-on-the-cards.aspx The National Minimum Wage Commission has recently published a report with recommendations on the annual review of the national minimum wage for 2021. This is in line with the Commission's overall mandate under section 6 of the National Minimum Wage Act 9 of 2018. 2020-12-10T22:00:00Z c11a2c8b-05ba-4b86-9b40-54b953f2a09d https://www.webberwentzel.com//News/Pages/covid-19-ters-external-audit-and-forensic-process-underway.aspx On 27 November 2020, the Unemployment Insurance Fund (UIF) announced that it will be implementing its C-19 External Audit and Forensic Process effective 1 December 2020. 2020-12-10T22:00:00Z 28b36138-372d-42b6-8c1d-643ac906fd0b https://www.webberwentzel.com//News/Pages/linklaters-global-guide-year-in-review-2020-and-year-to-come-2021.aspx We have contributed to the Linklaters' global guide series - Year in Review 2020 and Year to Come 2021. 2020-12-06T22:00:00Z e7040bb6-5459-44c3-aab0-fc085afbe904 https://www.webberwentzel.com//News/Pages/working-from-home-when-does-supervision-infringe-on-personal-rights.aspx Since Covid-19 lockdowns and self-isolation, remote working with associated overtime claims has become the norm, which presents employers with challenges around monitoring and privacy 2020-11-26T22:00:00Z 40c605b9-46d6-427c-a081-4168e6b1f711 https://www.webberwentzel.com//News/Pages/2020-future-of-jobs-report-world-economic-forum.aspx A recent World Economic Forum report has highlighted evolving trends in the workforce, globally and in South Africa, as the local labour market faces the combined impact of the Covid-19 pandemic and the Fourth Industrial Revolution (4IR) 2020-11-18T22:00:00Z 3725a0f4-0ff0-4e88-ab17-baab9d39f3cf https://www.webberwentzel.com//News/Pages/new-asbestos-abatement-regulations-published.aspx The Minister of Employment has published the Asbestos Abatement Regulations, 2020 which repeal the Asbestos Regulations, 2001. 2020-11-15T22:00:00Z d8f22e3c-b47d-4cd9-9056-79c64a74ce66 https://www.webberwentzel.com//News/Pages/employers-win-in-long-awaited-judgment-on-retrenchments-and-automatically-unfair-dismissals.aspx In a long-awaited judgment handed down yesterday, the Constitutional Court confirmed that the retrenchment of employees following their refusal to accept alternative employment on new terms and conditions is not automatically unfair where the employer has genuine operational requirements underlying the proposed alternative terms. 2020-10-27T22:00:00Z 41981fab-adf0-4653-a6c6-b12b3470a359 https://www.webberwentzel.com//News/Pages/2020-laws-enacted-to-promote-gender-equality-and-protect-the-rights-of-the-lgbtqi-community.aspx 2020 saw two positive legislative movements likely to ensure significant progressive steps towards fighting discrimination, facilitating gender equality and to the ensuring the rights of LGBTQI+ community in South Africa are upheld. 2020-10-26T22:00:00Z 1f3a4045-4629-4ef1-a3e1-04a8d42051eb https://www.webberwentzel.com//News/Pages/level-1-lockdown-regulations-key-considerations-for-employers.aspx Government has published new regulations on the alert level 1 lockdown which took effect at 00h01 on Monday, 21 September 2020. 2020-10-11T22:00:00Z 87761f0f-6d74-4f7f-ae11-011019b6e6b8 https://www.webberwentzel.com//News/Pages/resigning-after-disciplinary-action-but-before-sanction-what-is-the-legal-effect.aspx The Labour Court in a recent judgment considered whether an employee who has been found guilty of serious misconduct can avoid the ultimate sanction of dismissal by resigning before the employer imposes the sanction. 2020-10-06T22:00:00Z 40f25c05-ff3c-4015-b4f9-02dc5660f647 https://www.webberwentzel.com//News/Pages/intolerability-is-a-high-standard-new-labour-court-decision-on-constructive-dismissal.aspx In a recent judgment, the Labour Court confirmed that intolerability is a high threshold in constructive dismissal matters. Intolerability is more than a working environment or working under employment conditions that are difficult, unpleasant or stressful. 2020-09-30T22:00:00Z 09a26e35-55e9-4a13-a5ce-dbb0166c72ce https://www.webberwentzel.com//News/Pages/can-psychometric-assessment-results-be-used-as-a-selection-criterion-during-retrenchments.aspx In a judgment delivered earlier this year, the Labour Court considered the question of whether psychometric assessment results can be used as a selection criterion during a retrenchment process. 2020-09-21T22:00:00Z 572d2ead-a598-45ee-a727-34240bc7b951 https://www.webberwentzel.com//News/Pages/draft-code-of-practice-on-violence-and-harassment-in-the-workplace-published.aspx The Minister of Employment & Labour has published for comment a Draft Code of Practice on the Prevention and Elimination of Violence and Harassment in the World of Work. 2020-09-14T22:00:00Z 31d5e9b0-11cf-48c5-9046-573c645fb4ff https://www.webberwentzel.com//News/Pages/lockdown-level-2-regulations-explained.aspx Since government announced a move to level 2 lockdown – employers will be grappling with a new norm. This infographic provides a useful overview of the key aspects of level 2. 2020-08-19T22:00:00Z a9787542-a712-4308-9b38-e9064d725d6a https://www.webberwentzel.com//News/Pages/popia-what-employers-need-to-know.aspx The Protection of Personal Information Act 4 of 2013 (POPIA) which came into force on 1 July 2020 places several obligations on employers in terms of managing employees personal information; it also gives certain rights to privacy to employees. 2020-08-17T22:00:00Z 245ff763-3422-4238-a00b-15e1ecfca7af https://www.webberwentzel.com//News/Pages/depressed-employees-dismissal-is-not-automatically-unfair.aspx Depression is an important issue, with about 264 million people suffering from depression according to The World Health Organisation. 2020-08-16T22:00:00Z b3359211-2a0b-4ef7-abef-02a07322b3ef https://www.webberwentzel.com//News/Pages/psychological-testing-and-other-similar-assessments-of-employees-an-update.aspx Three years after a relevant High Court ruling, a draft amendment to the Employment Equity Act proposes removing the requirement for HPCSA certification of psychological and other similar employee tests 2020-08-11T22:00:00Z 60fb6fcf-19a0-4e8c-bb3a-ddba65e91dbb https://www.webberwentzel.com//News/Pages/catching-covid-19-at-work.aspx The Department of Employment and Labour has issued revised guidelines on how to submit claims to the Compensation Fund for Covid-19 contracted in the workplace. 2020-08-03T22:00:00Z f2657233-819a-4785-96e3-322ab5146e23 https://www.webberwentzel.com//News/Pages/TERS-8-Key-Updates-For-Employers.aspx The South African Institute of Chartered Accountants (SAICA) hosted a webinar on 30 July 2020 with UIF representatives to discuss the status of TERS. The following is a summary of key points discussed at the webinar. The information below is not yet confirmed by gazetted notices or media statements on the DEL website. If necessary, we will update the information below when these notices or statements are available. 2020-07-30T22:00:00Z 04b25884-7d6b-4cb5-96b1-8fc2f11f67b3 https://www.webberwentzel.com//News/Pages/employment-equity-amendment-bill-to-be-introduced-in-the-national-assembly.aspx On 20 July 2020, the Department of Employment and Labour gazetted the Employment Equity Amendment Bill (EEAB). The EEAB will shortly be formally introduced in the National Assembly. 2020-07-28T22:00:00Z 278ede0d-ea83-472f-a602-78058592dbae https://www.webberwentzel.com//News/Pages/new-level-3-lockdown-regulations.aspx We highlight in this infographic some key considerations for employers related to these new regulations. 2020-07-19T22:00:00Z 9bf7eb5f-e43b-4bdc-a327-5e967ae05712 https://www.webberwentzel.com//News/Pages/more-essential-services-potentially-on-the-cards.aspx On 12 July 2020, the Essential Services Committee announced its plans to investigate whether certain services should be declared as essential. 2020-07-14T22:00:00Z 5a7b14b2-29ab-4f81-9aac-3271f519b459 https://www.webberwentzel.com//News/Pages/new-labour-appeal-court-decision-on-pregnancy-discrimination.aspx In a recent decision, the Labour Appeal Court (LAC) found that a mining house unfairly discriminated against an employee on the grounds of pregnancy. 2020-07-14T22:00:00Z b557dd84-b93a-40b1-b42a-92ff2de71704 https://www.webberwentzel.com//News/Pages/labour-appeal-court-ruling-underscores-the-importance-of-safety-in-mining.aspx The Labour Appeal Court has ruled that it is justifiable to dismiss mine employees for a first-time offence of disregarding safety rules, given the high risks in mines 2020-07-13T22:00:00Z 91466928-044e-490f-8ea7-9d5bbe335d19 https://www.webberwentzel.com//News/Pages/New-directions-for-personal-care-services-and-communications-and-digital-technologies-sector-gazetted.aspx The Minister of Small Business Development has gazetted a Covid-19 direction for personal care services. These protocols supplement the existing level 3 lockdown regulations and directions (particularly the directions issued by the Department of Employment & Labour and Department of Health). 2020-06-23T22:00:00Z 9390f7d2-974e-42b8-84d3-ab3eb2f40738 https://www.webberwentzel.com//News/Pages/june-applications-for-c-19-ters-are-now-open.aspx The UIF has opened June applications for TERS. Visit www.uifecc.labour.gov.za/covid19 to apply. 2020-06-23T22:00:00Z 913e5244-1ebe-402e-a3e1-1d97145a2d7f https://www.webberwentzel.com//News/Pages/Facts-of-a-disciplinary-enquiry-may-be-taken-into-account-when-debarring-a-representative-under-FAIS-Act.aspx A Supreme Court of Appeal decision considers the interplay between disciplinary inquiries convened under the Labour Relations Act and debarments of representatives under the Financial Advisory and Intermediary Services Act. The SCA also considered how to deal with institutional bias of debarment decision makers. Prior to this judgment, it was not clear whether a disciplinary hearing convened in terms of the LRA is sufficient to satisfy the procedural fairness requirements in relation to PAJA and the FAIS Act. 2020-06-23T22:00:00Z f66ce31b-0a5e-46b5-a052-3a524990d7dc https://www.webberwentzel.com//News/Pages/Recent-High-Court-decision-wrong-no-work-no-pay-principle-during-lockdown-upheld-by-Labour-Court.aspx In a recent judgment, the South Gauteng High Court placed two Johannesburg restaurants into business rescue after they failed to pay employee salaries during lockdown. The court did not accept the restaurants' defence that it could not pay salaries due to the impact of the nationwide lockdown. In summary, this High Court judgment is not correct, employers who applied the no work no pay principle during lockdown and who claimed TERS benefits for their employees should not be distressed about their course of action, which was correct. 2020-06-22T22:00:00Z 40dcd40d-fb53-4774-ab21-e20bcbaa66cc https://www.webberwentzel.com//News/Pages/Framing-the-dismissal-dispute-referral-as-an-unfair-dismissal-dispute-or-automatically-unfair-dismissal-dispute-does-it-eve.aspx In a judgment handed down on 6 May 2020, the Constitutional Court (CC) confirmed that the Labour Court has jurisdiction to adjudicate an automatically unfair dismissal dispute where the underlying dispute referred to conciliation at the CCMA was classified and dealt with as an unfair dismissal dispute and not as an automatically. 2020-06-22T22:00:00Z 759514bf-70db-4ed2-bfe3-3e9f2a6279de https://www.webberwentzel.com//News/Pages/Covid-19-Dos-and-Don%E2%80%99ts-for-Contact-Tracing-by-Employers.aspx Under alert level 3, most businesses that were prohibited from operating can reopen. In their return to work strategies, employers are required to comply with certain legal obligations, including undertaking contact tracing activities and to submit to government the data of: (1) employees who have tested positive for Covid-19; and (2) any other persons who may have been exposed to the virus through such infected employees. Sector specific health protocols also exist and must be complied with when applicable. 2020-06-17T22:00:00Z 32877161-1673-4cbb-ab46-eef2f5f9111c https://www.webberwentzel.com//News/Pages/revised-covid-19-direction-on-health-&-safety-in-the-workplace.aspx The Minister of Employment and Labour has issued a revised Covid-19 Direction on Health & Safety in the Workplace. The Direction applies to all workplaces except mines, ships, boats or cranes and any other workplace which is regulated by a different direction on health and safety. This infographic highlights the new provisions of this Direction. 2020-06-14T22:00:00Z ac27a95b-33f3-4fb4-b92b-b37e189e0907 https://www.webberwentzel.com//News/Pages/Covid-19-An-update-on-vulnerable-employees-and-the-workplace.aspx The Minister of Employment and Labour has published a revised Covid-19 Direction on Health & Safety in the workplace dealing specifically with vulnerable employees. Employers and employees alike will need to be aware of the terms of this Directive. 2020-06-14T22:00:00Z 1ea8743b-e5aa-40b5-bf36-df582f8eeac0 https://www.webberwentzel.com//News/Pages/Health-&-safety-in-the-workplace-Employees-right-to-refuse-to-enter-a-dangerous-workplace-in-light-of-the-Covid-19-pandemic.aspx The Minister of Employment and Labour issued a Directive on 4 June, under the Disaster Management Act (DMA), to provide clarity on an employee's right to refuse to work due to Covid-19. Employers and employees alike will need to be aware of the terms of this Directive 2020-06-14T22:00:00Z a885e5c9-f96b-48d0-b8d8-aaf1c0b7ae5e https://www.webberwentzel.com//News/Pages/retrenchments-what-do-employers-need-to-know.aspx Covid-19 has had a devastating effect on the global economy as well as the South African economy. 2020-06-07T22:00:00Z a8440160-3832-462a-92fe-d0a11859da5d https://www.webberwentzel.com//News/Pages/10-Key-Considerations-For-Employers---Moving-into-Level-3-Lockdown-on-1-June-2020.aspx As South Africa faces lockdown level 3 lockdown, government has published amendments to the lockdown regulations. We set out in this infographic, 10 key considerations employers need to be aware of. 2020-05-31T22:00:00Z bd1c93ac-18bd-472f-8792-1bfa52f43e31 https://www.webberwentzel.com//News/Pages/covid-19-can-employees-withdraw-from-the-workplace.aspx Employees returning to work from the Covid-19 lockdown will need to show reasonable justification if they halt work on the basis that they are exposed to the virus. 2020-05-28T22:00:00Z 3eca9c47-9dea-4880-9df1-8794a2ee9804 https://www.webberwentzel.com//News/Pages/may-applications-for-covid-19-ters-are-now-open.aspx The UIF has opened May applications for TERS. Employers who wish to submit May applications for TERS are encouraged to visit the TERS application website to apply. 2020-05-27T22:00:00Z 063e634f-5070-4556-af32-ed10a96b27ce https://www.webberwentzel.com//News/Pages/mine-employers-and-covid-19-the-guidelines-and-mandatory-code-of-practice-unpacked.aspx The Department of Mineral Resources and Energy has issued Guidelines for a Mandatory Code of Practice on the Mitigation and Management of Covid-19. 2020-05-19T22:00:00Z 6c31198d-3262-4479-8cb2-7bf584341c73 https://www.webberwentzel.com//News/Pages/e-commerce-health-and-safety-protocols-unpacked.aspx On 14 May, the Minister of Trade, Industry and Competition issued new directions on e-commerce sales during the level 4 lockdown, taking a positive step towards reopening the economy. 2020-05-18T22:00:00Z a22c1519-12aa-4a2d-b9a0-135fa0bb6d11 https://www.webberwentzel.com//News/Pages/covid-19-vulnerable-employees-and-the-workplace.aspx According to the World Health Organisation (WHO), based on evidence currently available, there are two groups of people who are at higher risk of contracting severe Covid-19 disease 2020-05-18T22:00:00Z b6b27dd7-1716-406c-91b1-ace32a2c96e5 https://www.webberwentzel.com//News/Pages/covid-19-level-4-lockdown-what-employers-need-to-know.aspx Following the President's speech on 13 May 2020, South Africa will remain in Level 4 lockdown until the end of May – and in some high infection rate areas, Level 4 may still continue beyond then. 2020-05-13T22:00:00Z 5aa768d8-1c19-407a-8fb1-2dd4fbfa3032 https://www.webberwentzel.com//News/Pages/covid-19-ters-5-important-updates.aspx Since the launch of TERS, there has been (almost) daily changes introduced by the Unemployment Insurance Fund. 2020-04-29T22:00:00Z d3a62772-9a53-46a3-b279-cc558ffd1377 https://www.webberwentzel.com//News/Pages/planning-for-a-safe-return-to-work-all-risks-considered.aspx Government has announced the implementation of a risk-adjusted strategy in easing the nationwide lockdown. This strategy entails the use of a system of alert levels applicable nationally and provincially. 2020-04-23T22:00:00Z 2eb7382f-01cf-4b61-a9de-2849dd0e983f https://www.webberwentzel.com//News/Pages/covid-19-key-considerations-for-call-centres.aspx On 9 April 2020, the Minister of Health and Minister of Trade, Industry and Competition issued a directive under the Disaster Management Act Regulations to clarify the extent and conditions upon which call centres may operate during the lockdown. 2020-04-14T22:00:00Z 42e56013-9213-47e5-8f78-4176ab72b68e https://www.webberwentzel.com//News/Pages/employment-and-health-and-safety-implications-of-the-covid-19-disaster-management-regulations.aspx New regulations to contain the outbreak of COVID-19 in South Africa were released on 18 March 2020. Many of these regulations will impact employers to varying degrees. 2020-03-22T22:00:00Z 3de8b57f-dc09-4413-9253-2a29a979b9dd https://www.webberwentzel.com//News/Pages/covid-19-will-impact-employers-how-bad-can-things-get.aspx The Minister of Health recently announced that approximately 60-70% of South Africans will become infected with COVID-19, with 20% of those infected being serious cases. 2020-03-22T22:00:00Z 93bd9437-f9c4-4db5-954d-7cf00fd6a38d https://www.webberwentzel.com//News/Pages/ergonomics-a-new-reality-for-employers-in-south-africa.aspx On 10 March 2020, Department of Employment and Labour launched the Ergonomics Regulations, 2018 which came into effect on 6 December 2019. 2020-03-16T22:00:00Z f0580fbd-0da5-4f20-8362-90bdca2b8b55 https://www.webberwentzel.com//News/Pages/workplace-preparedness-guideline-on-covid-19-released-by-department-of-employment-and-labour.aspx The Department of Employment & Labour has released a new guideline for employers on workplace preparedness within the context of Covid-19. 2020-03-16T22:00:00Z 9e7714e4-8c67-4db9-9a1b-ef690788af16 https://www.webberwentzel.com//News/Pages/the-coronavirus-implications-for-employers-in-south-africa.aspx The Department of Health has confirmed the first case of the novel coronavirus (Covid-19) in South Africa. There is a strong likelihood that there will be other cases of Covid-19 across the country. 2020-03-05T22:00:00Z f763c7e4-e698-45b1-b583-205de09a01bf https://www.webberwentzel.com//News/Pages/sa-national-minimum-wage-will-increase-on-1-march-2020.aspx The Minister of Employment and Labour has recently announced that these figures will be increased with effect 1 March 2020. 2020-02-23T22:00:00Z 0363e868-9bfe-4876-802a-a6a8608c2209 https://www.webberwentzel.com//News/Pages/chambers-global-recognises-excellence-at-webber-wentzel.aspx Chambers Global has released their 2020 results. Webber Wentzel had an exceptional year with key highlights. 2020-02-13T22:00:00Z c1853c38-a95c-4ef2-9d39-3a3e517be1f7 https://www.webberwentzel.com//News/Pages/the-impact-of-the-new-aarto-act-on-employers.aspx South Africa experiences an alarming high amount of road accidents (and consequential fatalities and injuries) annually which has the effect of costing the country billions in rand every year. 2020-02-11T22:00:00Z 191bd347-56d4-4823-8198-80b4945bae43 https://www.webberwentzel.com//News/Pages/highest-court-in-its-first-judgment-of-the-new-decade-upholds-the-principle-of-majoritarianism-in-retrenchments.aspx In a landmark judgment, the Constitutional Court has upheld the principle of majoritarianism inherent in sections 23(1)(d) and 189(1) of the Labour Relations Act 66 of 1995. 2020-01-28T22:00:00Z f9d719ac-f1a8-4cbd-bd00-e66c9e340452 https://www.webberwentzel.com//News/Pages/can-an-employer-rely-on-the-termination-clause-in-a-contract-of-employment-to-dismiss-an-executive-employee-without-holding.aspx It has been almost a year since Old Mutual terminated the employment of its former CEO, Mr Peter Mthandazo Moyo. 2020-01-27T22:00:00Z e64fc910-e08b-4c49-9775-85d979e738c5 https://www.webberwentzel.com//News/Pages/an-individual-employee-may-not-rely-on-section-187-1-c-of-the-lra.aspx Section 187(1)(c) of the Labour Relations Act 66 of 1995 provides that it will be automatically unfair to dismiss a group of employees if they refuse to accept a demand in respect of any matter of mutual interest between such employees and the employer. 2020-01-08T22:00:00Z 570b0154-326f-48bf-8bff-01cfd3815f07 https://www.webberwentzel.com//News/Pages/parental-leave-effective-in-law-from-1-january-2020.aspx In November 2018, the President signed the Labour Laws Amendment Act 10 of 2018 (LLAA) into law. The LLAA dealt with new types of leave but was not effective in law as no commencement date for the legislation was announced. 2020-01-05T22:00:00Z 03aa1a41-8ef9-4281-bd4b-6c9316be8e04 https://www.webberwentzel.com//News/Pages/former-executive-employee-ordered-to-pay-damages-to-employer-for-misrepresenting-qualifications.aspx In a recent case, the High Court ordered a former executive employee to pay his old employer an amount of approximately 5.7 million ZAR in damages for misrepresenting his qualifications. 2019-12-18T22:00:00Z 77045b08-7f96-42a0-8573-2ce69b388af5 https://www.webberwentzel.com//News/Pages/social-media-misconduct-another-case-of-racist-remarks-by-an-employee.aspx The Labour Court recently considered yet another case of racist remarks made by an employee outside of the workplace in Edcon Limited v Cantamessa and Others (JR30/17) [2019] ZALCJHB 273 (11 October 2019). 2019-12-04T22:00:00Z faa0e44e-feb1-47a0-8dc4-1d26e96fe501 https://www.webberwentzel.com//News/Pages/automation-the-future-of-the-workplace.aspx Automation in the workplace refers to the substitution of repetitive tasks traditionally performed by human employees with technology. 2019-12-04T22:00:00Z 5674ca2c-a5a5-44b3-9ca0-9bffdead0706 https://www.webberwentzel.com//News/Pages/unsuccessful-unfair-dismissal-dispute-does-not-necessarily-mean-the-end-of-the-road-for-civil-claims.aspx A recent Labour Appeal Court finding is a useful reminder that employers need to be aware that employees' pursuit of their unfair dismissal claims in the CCMA or Labour Court does not extinguish their claim for enforcement of their contractual rights in terms of their contracts of employment. 2019-12-04T22:00:00Z d5a0d6fe-a124-4715-8f74-d101d3df7063 https://www.webberwentzel.com//News/Pages/could-pilots-cabin-crew-and-ground-staff-be-prohibited-from-striking.aspx The seven-day strike by leading unions at South African Airways (SAA) representing cabin crew, ground staff and technical staff who are demanding an 8% pay hike, has raised calls from some political quarters to declare aviation an essential service. 2019-11-21T22:00:00Z 1732a917-2a8b-49b3-8128-9e5186532c8a https://www.webberwentzel.com//News/Pages/the-interplay-between-criminal-law-and-labour-law.aspx Employers are often required to implement steps against employees who are convicted and imprisoned for criminal offences. 2019-10-23T22:00:00Z 1cfeb98c-9fd5-47a6-96da-7a860f5b8ca5 https://www.webberwentzel.com//News/Pages/fake-qualifications-will-soon-not-only-get-you-dismissed-but-also-imprisoned.aspx Over the years, there have been various media reports on high-profile employees (particularly politicians) who misrepresent their qualifications to their employer. 2019-10-22T22:00:00Z 902b6b65-a13f-40bf-a2b5-a61e087152e2 https://www.webberwentzel.com//News/Pages/murder-in-the-workplace-vicarious-liability-of-the-employer.aspx South African law on vicarious liability has been developed following a recent Supreme Court of Appeal judgment. 2019-10-22T22:00:00Z 0c9d7087-9776-4c1f-a038-506d958e832a https://www.webberwentzel.com//News/Pages/employment-equity-update-new-eea4-form.aspx The Employment Equity Act 55 of 1998 as amended (EEA) requires designated employers to provide certain reports to the Department of Labour. 2019-09-18T22:00:00Z 97e880b2-2f36-4aa6-b232-46eac3316727 https://www.webberwentzel.com//News/Pages/essential-services-update.aspx The Essential Services Committee (ESC) announced its plans to investigate whether certain services should be declared as essential. The ESC will also be looking into whether the designations of a number of current essential services should be removed. 2019-09-17T22:00:00Z 88a9d237-2a0a-43ad-bb49-f9375131ff45 https://www.webberwentzel.com//News/Pages/what-the-decriminalisation-of-cannabis-means-for-the-workplace.aspx Following the Constitutional Court's Prince judgment, cannabis use, possession and cultivation in South Africa has been decriminalised with adult persons now permitted to use, possess and cultivate cannabis in a private place for personal consumption. 2019-09-16T22:00:00Z 850af632-3214-4a69-a6a1-16e224fbea6b https://www.webberwentzel.com//News/Pages/minister-of-labour-announces-list-of-commissioners-and-business-assessors-for-advisory-arbitration-panel.aspx At the beginning of this year, amendments to sections 150A-D to the Labour Relations Act 66 of 1995 (LRA) introduced an Advisory Arbitration Panel. 2019-09-16T22:00:00Z 51ab998e-2177-4c0f-9962-780d24f5cd27 https://www.webberwentzel.com//News/Pages/4ir-and-south-africa.aspx The Fourth Industrial Revolution (4IR) is upon us. 4IR is affecting all levels of society, including the world of work. 2019-08-20T22:00:00Z 70248f4a-27b5-4703-a9b1-af74950376dd https://www.webberwentzel.com//News/Pages/south-africas-unemployment-rate-increases-again.aspx The latest Quarterly Labour Force Survey for the 2nd Quarter 2019 (Q2) states that South Africa's unemployment rate has increased to 29%. This is up by 1.4 percentage points from 27,6% in the 1st Quarter 2019. 2019-07-29T22:00:00Z 0d58c242-d26e-4915-8485-be4966eac1c8 https://www.webberwentzel.com//News/Pages/do-snitches-get-stitches.aspx All employers, employees and trade unions will need to be aware of the Constitutional Court's recent Dunlop decision which has clarified much of the uncertainty around how derivative misconduct is applied in the workplace. 2019-07-28T22:00:00Z 046d4d06-ccd2-470b-bb6f-8304a11b682e https://www.webberwentzel.com//News/Pages/new-essential-services-announced.aspx Essential services refer to those services that, if interrupted, would endanger the life, personal safety or health of the whole or any part of the population. 2019-07-21T22:00:00Z 0a36dd37-4f2d-4359-ab02-8ddf7f1dc339 https://www.webberwentzel.com//News/Pages/beware-employers-you-can-no-longer-discipline-an-employee-after-a-resignation-with-immediate-effect.aspx Employees often resign with immediate effect when facing disciplinary action. Employers may be unsure whether they can continue with an intended disciplinary action? 2019-07-03T22:00:00Z 1e10632b-d022-4b60-a4f7-e012d46545cd https://www.webberwentzel.com//News/Pages/dont-speak-ill-of-your-employer-in-public-it-may-get-you-fired.aspx In a recent matter the Labour Court considered the dismissal of three employees who made disparaging statements about their employer on public radio. 2019-05-19T22:00:00Z bae5b9fb-a6fe-48d6-b342-943dd1c42ca7 https://www.webberwentzel.com//News/Pages/amcu-at-risk-of-deregistration-by-department-of-labour.aspx On 24 April 2019, the Registrar of Labour Relations (Registrar) announced his intention to cancel the registration of the Association of Mineworkers and Construction Union (AMCU) in a Government Gazette Notice (Notice). 2019-04-24T22:00:00Z f48e9150-72f6-477d-973c-fd146dbc7ea9 https://www.webberwentzel.com//News/Pages/webber-wentzel-assists-several-mining-houses-in-obtaining-historic-secondary-strike-interdict.aspx Our employment team recently received instructions from several mining houses to assist with secondary strike interdicts. During the initial stages of this matter, we received instructions from 13 mining houses. 2019-03-19T22:00:00Z ed153648-d382-442b-9b5f-65863c590efe https://www.webberwentzel.com//News/Pages/new-partner-promotions.aspx Webber Wentzel has announced 7 new partners across 6 practice areas, namely public law, projects, tax, employment, antitrust/competition, and dispute resolution. Three of our new partners are women and three are black which continues to strengthen the Employment Equity representation in the firm. 2019-03-18T22:00:00Z 9a7cedd2-b9d5-4a56-92b7-45a7014f1bbd https://www.webberwentzel.com//News/Pages/the-legal-position-on-pre-suspension-hearings-has-changed.aspx For many years, we have advised employers who are about to suspend an employee on full remuneration to provide such employee with an opportunity to make representations on their proposed suspension. 2019-02-20T22:00:00Z 3bfe63ff-2656-4a5a-ac52-db46f24c9acd https://www.webberwentzel.com//News/Pages/webber-wentzel-kicks-off-the-year-by-appointing-three-new-partners.aspx Leading law firm Webber Wentzel has kicked off the year by appointing three new partners. Lizle Louw, Mzukisi Kota and Gillian Niven all bring a wealth of experience and expertise which span across diverse areas. 2019-01-29T22:00:00Z 05188762-18e6-41ce-8440-ceb826a14e06 https://www.webberwentzel.com//News/Pages/understanding-the-exemption-to-the-new-national-minimum-wage.aspx The National Minimum Wage Act 9 of 2018 (NMWA) came into operation on 1 January 2019. The Minister of Labour also released the National Minimum Wage Regulations, 2018 (Regulations) which came into operation on 1 January 2019. 2019-01-16T22:00:00Z 15f62901-9857-420a-a3d6-afd0a010cf27 https://www.webberwentzel.com//News/Pages/best-interests-of-children-broaden-paid-parental-leave-benefits.aspx On 23 November 2018, the Labour Laws Amendment Bill was signed into law. The Bill provides a minimum period of leave entitlement to employees who are fathers, adoptive parents and parents in a surrogate motherhood agreement, amending the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Act (UIF). 2018-11-28T22:00:00Z fe65df86-4789-4f3d-919e-4ac22529b34d https://www.webberwentzel.com//News/Pages/directors-of-private-companies-are-no-longer-subject-to-paye-true-or-false.aspx Where fixed monthly payments made up less than 75% of private company director remuneration, paragraph 11C of the Fourth Schedule to the Income Tax Act 58 of 1962 used to apply to require payment of employees’ tax for such directors on a monthly basis in respect of "deemed remuneration". This "deemed remuneration" was a notional amount determined in terms of a formula in paragraph 11C. Paragraph 11C was repealed with effect from 1 March 2017. 2018-09-19T22:00:00Z d8d1a1e8-b7b6-46fb-9801-5c54c08ed759 https://www.webberwentzel.com//News/Pages/is-it-the-end-for-labour-brokers-as-we-know-them-understanding-the-implications-of-a-recent.aspx The Constitutional Court recently handed down a long anticipated judgment (Assign Services (Pty) Limited v National Union of Metalworkers of South Africa and Others (CCT194/17) [2018] ZACC 22 (26 July 2018)) which is likely to be of crucial importance to the labour broking fraternity. 2018-07-30T22:00:00Z a05ea1ca-3f98-4a85-8776-ecdee165b5f0 https://www.webberwentzel.com//News/Pages/national-minimum-wage-update.aspx The National Assembly has recently passed three bills namely the National Minimum Wage Bill, the Basic Conditions of Employment Amendment Bill and the Labour Relations Amendment Bill. 2018-06-06T22:00:00Z 7a7a40e1-6274-43c7-8ed0-9c8c523283ab https://www.webberwentzel.com//News/Pages/racially-charged-language-in-the-workplace-legal-ping-pong.aspx The use of words, or a phrase, which on the face of them or it are innocuous and hence not racist, formed the subject matter of an important decision of the Constitutional Court, handed down on 17 May 2018, in the matter of Rustenburg Platinum Mine v SAEWA obo Meyer Bester and 2 others. 2018-05-20T22:00:00Z d6df9a8f-b19e-437d-9ec3-88b48ec50977 https://www.webberwentzel.com//News/Pages/mining-employers-required-to-review-and-amend-mandatory-code-of-practice-on-exposure-to-airborne.aspx The Guideline for the Compilation of a Mandatory Code of Practice for an Occupational Health Programme (Occupational Hygiene and Medical Surveillance) on Personal Exposure to Airborne Pollutants (the Guideline) was published in the Government Gazette on 06 April 2018 and is effective from 30 April 2018. 2018-04-17T22:00:00Z 35282339-e625-4e6d-8140-3c883b477ff0 https://www.webberwentzel.com//News/Pages/tax-break-for-employees-on-voluntary-retrenchment-benefits.aspx The South African Institute of Tax Professionals (SAIT) recently made submissions to the South African Revenue Service (SARS) regarding the tax treatment of amounts received in consequence of voluntary retrenchments. SAIT has received clarification that voluntary severance packages qualify as severance benefits. 2018-02-08T22:00:00Z 44255525-5407-4ee6-973d-81588fc883dc https://www.webberwentzel.com//News/Pages/south-africa-year-in-review-and-year-to-come-2017-2018.aspx In 2017, we saw significant legal and regulatory changes affecting South African businesses. It is likely that 2018 will bring further changes. 2018-01-24T22:00:00Z 3c676f33-eb62-402f-ad5c-4cec0f541a08 https://www.webberwentzel.com//News/Pages/enhanced-minimum-leave-and-benefits-for-working-parents-on-the-cards.aspx The Labour Laws Amendment Bill (Bill) was passed by the National Assembly in Parliament on 28 November 2017. 2017-12-04T22:00:00Z 82ffca19-ef94-4236-968c-ada97141d43f https://www.webberwentzel.com//News/Pages/amcu-skating-on-thin-ice.aspx In the case of KPMM Road and Earthworks (Pty) Ltd / Association of Mineworkers and Construction Union (AMCU) and Others, AMCU and its members employed at KPMM embarked upon protected strike action on 15 July 2016. 2017-09-27T22:00:00Z 5aa41236-a14a-4920-a521-7bdc1e1fa80e https://www.webberwentzel.com//News/Pages/webber-wentzel-wins-at-the-african-legal-awards-2017.aspx Webber Wentzel is proud to have received two awards in the prestigious African Legal Awards hosted by Legal Week and the Corporate Lawyers Association of South Africa in Johannesburg on Friday 8 September, 2017. 2017-09-10T22:00:00Z 91d904a3-82f9-4835-b246-e112cf9fe3ee https://www.webberwentzel.com//News/Pages/the-role-of-a-temporary-employment-service-in-the-employment-relationship.aspx A recent judgment by the Labour Appeal Court (LAC) considered the treacherous relationship between a temporary employment service (TES), a client and the placed employees of a TES in relation to the so-called 'deemed relationship'. 2017-07-11T22:00:00Z 2d5d5403-4f35-41a5-ba81-80862b8a25a7 https://www.webberwentzel.com//News/Pages/employees-tax-on-termination.aspx Employees are entitled to certain payments upon termination of their employment. Some are payments to which they are entitled by law while others are payments to which employees may be entitled to in terms of their contracts of employment. 2017-07-04T22:00:00Z