https://www.webberwentzel.com//Pages/RSS-Feeds.aspx Webber Wentzel feed en-us Copyright 2020 Sun, 16 Aug 2026 18:19:13 +0200 Sample Code http://server/image.jpg https://www.webberwentzel.com//Pages/RSS-Feeds.aspx 6bde821f-e175-41a8-bcb2-49f3fce0b56c 35e49508-53ed-4dca-8203-1b94a4bfbd09 https://www.webberwentzel.com//News/Pages/Essential-services-designations-what-the-escs-latest-investigations-mean-for-mining-water-and-waste.aspx The Essential Services Committee is investigating whether waste management services, the supply of hazardous water treatment and purification chemicals, and lamproom safety functions in mining should be designated as essential services under the Labour Relations Act. 2026-07-28T22:00:00Z 898d9303-7354-4a46-b9a9-ca2629b9d219 https://www.webberwentzel.com//News/Pages/cabinet-backs-landmark-immigration-policy-to-balance-growth-security-and-sovereignty.aspx The South African government has taken a major step toward overhauling the country’s civic and immigration systems following Cabinet’s approval of the Final Revised White Paper on Citizenship, Immigration, and Refugee Protection. 2026-06-18T22:00:00Z 1e97a8f1-2997-4f82-817a-dedacbf9e837 https://www.webberwentzel.com//News/Pages/threats-of-defamation-should-not-derail-workplace-disciplinary-processes.aspx When an employee is accused of sexual harassment and disciplinary action looms, it is not uncommon for the accused to threaten a defamation claim against the employer and complainant. 2026-06-03T22:00:00Z 5a82e7ce-36bf-44a2-bf7e-1e7cecadeff9 https://www.webberwentzel.com//News/Pages/When-does-an-accident-arise-out-of-employment-What-every-employer-needs-to-know-about-COIDA-claims.aspx Under the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA), an employee is entitled to compensation where they suffer an accident that arises out of and in the course of their employment. Where that threshold is met, COIDA benefits generally replace an employee's common-law right to sue their employer for damages. 2026-05-27T22:00:00Z 9db6bb8f-3445-4da7-a8fa-f67a47178292 https://www.webberwentzel.com//News/Pages/Draft-Regulations-Concerning-Certificate-of-Competency-2026-raising-the-bar-in-respect-of-engineering-certificates-of-comp.aspx The Minister of Employment and Labour has invited public comment on the Draft Regulations Concerning the Certificate of Competency, 2026 (the Draft Regulations), made in terms of section 43(1) of the Occupational Health and Safety Act 85 of 1993) (OHSA). 2026-05-26T22:00:00Z 023b17b3-c660-4d4d-9448-b66cab16251c https://www.webberwentzel.com//News/Pages/no-second-shot-constitutional-court-draws-a-hard-line-on-repeat-asylum-claims.aspx South Africa’s Constitutional Court has handed down a landmark ruling that reshapes the country’s refugee protection framework. In a closely contested judgement, the court found that asylum seekers whose applications have been finally rejected cannot submit a new asylum application, even if conditions in their home countries deteriorate after the original decision. 2026-05-21T22:00:00Z 15e3e429-4421-4eda-a3e9-02f0adf141c2 https://www.webberwentzel.com//News/Pages/zep-to-permanent-residence-charting-the-right-course.aspx There remains a degree of uncertainty as to whether holders of Zimbabwean Exemption Permits (ZEP) may access South African permanent residence (SA PR) through a dedicated or expedited process. This update confirms the current legal position. At present, no published policy, directive, or gazetted amendment establishes a dedicated route to SA PR for ZEP holders. ZEP holders wishing to obtain SA PR must transition to a mainstream temporary residence visa and qualify under the existing statutory framework. 2026-05-17T22:00:00Z 797e513f-ccc9-4257-9112-d72ad8d5c720 https://www.webberwentzel.com//News/Pages/a-considered-analysis-of-the-labour-law-amendment-bill-2025.aspx On 26 February 2026, the Minister of Employment and Labour published two Draft Bills in the Government Gazette that together represent the most sweeping reform of South Africa's labour legislation in years. 2026-04-22T22:00:00Z 0b3f7d46-cfe9-47a7-81cd-20002b787009 https://www.webberwentzel.com//News/Pages/new-earnings-threshold-takes-effect-1-may-2026.aspx From 1 May 2026, the earnings threshold will increase to R269 600.90 per annum. Employees who earn below the new threshold will be entitled to stricter protections under certain provisions of the Basic Conditions of Employment Act (BCEA), the Labour Relations Act (LRA), and the Employment Equity Act (EEA). This represents an increase of R7 852.45 from the previous earnings threshold of R261 748.45. 2026-04-19T22:00:00Z 002230dd-37bb-4bb4-a504-8ab3e5cf6383 https://www.webberwentzel.com//News/Pages/a-system-under-strain-but-evolving-south-africa-extends-immigration-relief-to-30-june-2027.aspx South Africa has once again taken steps to stabilise its immigration system, offering critical relief to thousands of foreign nationals affected by prolonged processing delays. 2026-04-07T22:00:00Z 21db3e37-abdf-44b6-9ca5-5c35e534704f https://www.webberwentzel.com//News/Pages/a-humanitarian-response-to-global-disruption-south-africa-rolls-out-temporary-visa-concessions-for-stranded-travellers.aspx The Minister of the Department of Home Affairs (DHA) has issued an immigration directive to support airline passengers and crew stranded due to widespread airspace closures following escalating instability across the Middle East and Gulf region. 2026-03-26T22:00:00Z 040bf76f-ec28-45e1-a935-7dcaac81dce3 https://www.webberwentzel.com//News/Pages/enforcement-of-retirement-fund-contributions-withdrawal-of-the-variation-notice-and-the-employment-laws-amendment-bill-2025.aspx Two distinct but complementary regulatory developments have reshaped the enforcement of retirement fund contribution obligations in South Africa. The first is already in effect; the second is presently open for public comment ahead of its formal introduction to Parliament. 2026-03-19T22:00:00Z 6d37010f-6a5b-4f19-8433-573e3982fe27 https://www.webberwentzel.com//News/Pages/dismissal-of-foreign-national-employees-without-appropriate-work-visas-legal-incapacity-not-retrenchment.aspx Recent blitz inspections by the Department of Home Affairs (DHA) and other enforcement authorities have placed employers under increasing pressure to address non-compliance with immigration laws. Where inspections reveal that foreign national employees lack valid work authorisation, employers may be compelled to take immediate remedial action, including terminating employment relationships that have become unlawful. 2026-02-23T22:00:00Z ce1233f9-aea7-4dec-b0ca-039560bb4306 https://www.webberwentzel.com//News/Pages/labour-appeal-court-confirms-jurisdictional-boundaries-standalone-processing-operations-fall-outside-mhsa.aspx In a judgment delivered on 17 February 2026, the Labour Appeal Court confirmed that standalone surface processing operations are regulated by the Occupational Health and Safety Act (OHSA), rather than the Mine Health and Safety Act (MHSA). 2026-02-17T22:00:00Z cf488bc9-9e8d-49a4-9438-2db8f9b83494 https://www.webberwentzel.com//News/Pages/the-limits-of-leniency-chairpersons-plea-deals-and-discipline-in-the-workplace.aspx The Labour Appeal Court (LAC) has handed down a compelling decision that tackles a question many employers and legal practitioners grapple with: can a disciplinary chairperson reject a lenient sanction that emerges from a plea‑bargaining process? The response to this question was provided by the LAC in South African Police Services v Mkonto and Others. We unpack this important case in detail below. 2026-02-02T22:00:00Z 051e91fd-6922-421d-8e3a-a95b2404c9ea https://www.webberwentzel.com//News/Pages/this-is-your-captain-speaking-aviations-essential-services-designation-destined-for-landing.aspx The Essential Services Committee (ESC) has published a notice in terms of section 71, read with section 70(B)(1)(d) of the Labour Relations Act No 66 of 1995 (LRA), announcing an investigation into whether certain aviation services should be designated as essential services. 2026-01-27T22:00:00Z 2715f5c5-5c01-4816-964a-815829ef36b0 https://www.webberwentzel.com//News/Pages/coida-amendments-take-effect-what-employers-need-to-know.aspx The Compensation for Occupational Injuries and Diseases Act (COIDA) has undergone significant amendments affecting employers and employees. On 23 January 2026, President Cyril Ramaphosa fixed commencement dates for most provisions, with selected sections deferred to 1 February 2026 and 1 April 2026. The amendments reshape employer compliance obligations, introduce administrative penalties, expand enforcement powers, and extend prescription periods. 2026-01-25T22:00:00Z 15be4df7-3692-4171-996d-d3d9ace70722 https://www.webberwentzel.com//News/Pages/employers-now-subject-to-dual-enforcement-for-non-payment-of-benefit-fund-contributions.aspx The Minister of Employment and Labour (the Minister) has withdrawn a long-standing exemption that previously shielded employers from labour law enforcement regarding deadlines for payment of benefit fund contributions. This change strengthens the enforcement framework and creates additional compliance obligations for employers. 2026-01-18T22:00:00Z 8a2f4348-d8de-4031-b7e5-184d52b4f3e7 https://www.webberwentzel.com//News/Pages/expanded-essential-services-designation-for-tailings-dams-and-the-implications-for-mining-operations.aspx The Essential Services Committee has expanded the designation of essential services at tailings dams beyond the narrow 2018 framework, to include personnel involved in construction, maintenance, risk management, monitoring and hydro mining operations. Mining operators should review their workforce classifications and employment contracts to align with the broader scope, which prohibits strike action for affected employees. 2025-11-23T22:00:00Z fd55cb43-f4c3-4595-bbed-5281835ec99c https://www.webberwentzel.com//News/Pages/automation-restructuring-and-fairness-staging-ai-adoption-under-the-lra.aspx MIT’s State of AI in Business 2025 report should temper any rush to restructure workforces around artificial intelligence. Headcount reductions based on assumptions of immediate, sweeping efficiency gains reflect poor risk management. 2025-11-02T22:00:00Z a2d59a7f-a6dd-4caa-9170-ca676e1ee578 https://www.webberwentzel.com//News/Pages/algorithmic-management-meets-south-african-law-lessons-from-mits-genai-divide.aspx MIT’s State of AI in Business 2025 report paints a sobering picture. Despite global enterprise investment of between USD 30 billion and 40 billion in generative AI, around 95% of organisations have yet to see measurable returns. 2025-10-30T22:00:00Z 12fdc51f-623c-480b-b109-1709242ce3a4 https://www.webberwentzel.com//News/Pages/latest-developments-in-south-african-immigration-extended-concessions-and-visa-exempt-countries.aspx Since the issuance of Immigration Directive No. 4 of 2025, the Department of Home Affairs (DHA) has announced that it has cleared the backlog in its visa and permit processing system. However, waiver and visa appeal applications remain pending, and as a result, the concession has been extended until 31 March 2026. Additionally, the Minister of the DHA has extended both the Zimbabwean Exemption Permits (ZEP) and Lesotho Exemption Permits (LEP) concessions until 28 May 2027. 2025-10-29T22:00:00Z 97c293f3-cf42-40c0-8552-f5d58fe901e5 https://www.webberwentzel.com//News/Pages/parental-leave-in-financial-services-navigating-the-van-wyk-judgment.aspx On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents. 2025-10-16T22:00:00Z d9f60819-b1d7-4fc0-a142-c01611cb2411 https://www.webberwentzel.com//News/Pages/the-next-phase-of-employment-equity-compliance-preparing-for-january-2026.aspx The clock is ticking towards January 2026, when designated employers will be assessed against sectoral targets applicable to their industry. Employers without robust barrier analyses and well-substantiated justifications for variances may draw early attention as the Department begins its initial compliance reviews. 2025-10-15T22:00:00Z 427a17e3-1e2c-474e-981f-e92cbcbc5d05 https://www.webberwentzel.com//News/Pages/the-landmark-parental-leave-judgment-cementing-all-classes-of-parents-as-equal-participants-in-their-childrens-lives.aspx On 3 October 2025, the Constitutional Court handed down a unanimous ruling in Van Wyk v Minister of Employment and Labour and Others, confirming that South Africa's statutory four months and 10 days of parental leave may be shared between both parents. 2025-10-14T22:00:00Z 94d63ec9-65ca-485d-9e7d-5e4d9b1e2662 https://www.webberwentzel.com//News/Pages/webber-wentzel-secures-landmark-constitutional-court-ruling-reforming-south-africas-parental-leave-laws.aspx Webber Wentzel's Pro Bono team represented Mr and Mrs van Wyk in a landmark case that has resulted in the Constitutional Court confirming that South Africa's statutory four months of parental leave may be shared between both parents. The ruling marks a significant step toward gender equality in the workplace and family law. 2025-10-07T22:00:00Z 01a2984f-7a09-4da2-8229-0a8a6c5b9b9a https://www.webberwentzel.com//News/Pages/effective-immediately-how-the-finalised-code-of-good-practice-on-dismissals-reshapes-employer-obligations.aspx The Code of Good Practice on Dismissals (COP), published in the Government Gazette on 4 September 2025, introduces significant developments to Schedule 8 of the Labour Relations Act, 1995 (LRA). 2025-09-08T22:00:00Z a812851a-053e-4ce5-9717-50426d94c7fb https://www.webberwentzel.com//News/Pages/a-test-of-organisational-integrity-protecting-people-protecting-employers-and-rethinking-how-to-handle-harassment-in-the-workplace.aspx Harassment in the workplace, particularly sexual harassment, continues to challenge organisations across industries. While laws and policies provide a framework for handling complaints, the way cases are managed in practice often determines whether employers truly protect their people and themselves. 2025-09-03T22:00:00Z f0039c74-8a29-42f2-aea3-f0987258cb9e https://www.webberwentzel.com//News/Pages/how-the-pension-funds-industry-will-be-affected-by-the-conduct-of-financial-institutions-bill.aspx The Conduct of Financial Institutions Bill, 2020 (CoFI) represents a landmark transformation of South Africa's pension fund regulatory landscape, introducing comprehensive reforms that will fundamentally reshape how retirement funds operate and are supervised. 2025-09-02T22:00:00Z d0a30f69-9818-4fb5-b177-e58a02772617 https://www.webberwentzel.com//News/Pages/new-mandatory-fire-prevention-code-of-practice-for-south-african-mines.aspx The Chief Inspector of Mines has issued a detailed guideline requiring all South African mining operations to implement mandatory codes of practice for fire prevention. 2025-08-25T22:00:00Z 0dfc91ce-404e-4831-8757-cba996d6a691 https://www.webberwentzel.com//News/Pages/guidance-on-prevention-and-management-of-non-communicable-diseases-and-mental-health-disorders-in-the-mining-industry.aspx Due to a significant increase in the prevalence of non-communicable diseases (NCDs) in the South African mining sector, the Department of Mineral Resources and Petroleum (DMPR) has issued a comprehensive new guidance note, effective 1 November 2025. 2025-08-25T22:00:00Z 416be57c-4dc0-4d69-b238-43c415e2b510 https://www.webberwentzel.com//News/Pages/mandatory-code-of-practice-for-change-management-now-required-under-mine-health-and-safety-act.aspx The Department of Mineral and Petroleum Resources (DMPR) has issued a significant new guideline that will reshape how mining companies approach organisational change. 2025-08-25T22:00:00Z 6ab983d2-274c-4d3b-9fca-25262d691f8b https://www.webberwentzel.com//News/Pages/new-requirement-to-implement-code-of-practice-for-road-and-rail-safety-management.aspx The Department of Mineral and Petroleum Resources (DMPR) has issued a significant new regulatory requirement that will impact all mining operations in South Africa. 2025-08-24T22:00:00Z 81048f1b-9dbd-4ce9-aae7-2615bb8bc7a0 https://www.webberwentzel.com//News/Pages/key-regulatory-changes-impacting-the-mining-sector.aspx The Department of Mineral and Petroleum Resources (DMPR) has recently published guidelines for the implementation of mandatory codes of practice (COPs) on road and rail safety management, change management, and fire prevention, as well as a guidance note on the prevention and management of non-communicable diseases (NCDs) and mental health disorders in the mining industry. 2025-08-17T22:00:00Z f1d17ae8-b750-4917-a8cd-1f20589ebb06 https://www.webberwentzel.com//News/Pages/the-fsca-ushers-in-a-new-era-for-pension-fund-administrators-after-23-years.aspx The Financial Sector Conduct Authority (FSCA) has published Conduct Standard 2 of 2025 (the 2025 Standard), setting out reformed conditions for pension fund benefit administrators under section 13B(1) of the Pension Funds Act, 1956. 2025-08-14T22:00:00Z 0d7c9429-4084-422f-a22d-4207be56dbdc https://www.webberwentzel.com//News/Pages/the-critical-timing-of-dependent-status-in-pension-death-benefits.aspx In a society where millions of South Africans depend on a single breadwinner for survival, the death of that provider can leave families financially devastated. Yet despite the enormous sums involved, and the critical importance of these benefits to vulnerable families, there is often litigation surrounding section 37C of the Pension Funds Act 24 of 1956 (PFA) and its application. 2025-08-14T22:00:00Z f620de9a-71cf-4222-b71b-f6b0669d79c6 https://www.webberwentzel.com//News/Pages/ndas-and-workplace-harassment-south-africas-existing-legal-protections.aspx Non-disclosure agreements (NDAs) have been widely criticised for silencing victims of workplace harassment in several jurisdictions. 2025-08-14T22:00:00Z b47738ec-c09c-4a8b-9f20-000ad81ed71c https://www.webberwentzel.com//News/Pages/a-new-paradigm-for-executive-dismissals-analysing-the-proposed-amendments-to-the-lra-on-remedies-for-high-icome-employees.aspx The South African labour law landscape may be on the cusp of a significant shift with the proposed amendments to the Labour Relations Act 66 of 1995 (LRA), as detailed in the final National Economic Development Labour Council (Nedlac) report on the Labour Law Reform Process. 2025-08-04T22:00:00Z 9f5e6afa-8469-4b0d-b677-8aaffe6218ad https://www.webberwentzel.com//News/Pages/an-agent-by-any-other-name-would-be-as-safe.aspx The Daily Maverick recently reported that the Minister of Public Works and Infrastructure, Dean Macpherson, announced the completion of two technical investigations into the tragic building collapse in George, Western Cape, in which 34 construction workers died. 2025-07-31T22:00:00Z c63966de-b9bc-4579-b0c4-6253b686c943 https://www.webberwentzel.com//News/Pages/a-new-era-for-employment-equity-in-the-health-sector-sectoral-targets-now-in-force.aspx The Department of Employment and Labour (the Department) has ushered in a decisive moment for transformation in South Africa's human health and social work activities sector (the health sector). 2025-07-28T22:00:00Z 16293b8a-43c5-4634-8fd1-915709248205 https://www.webberwentzel.com//News/Pages/employers-failure-to-comply-with-employment-laws-renders-a-foreign-nationals-dismissal-unlawful.aspx In a recent judgment of the Eastern Cape High Court, Mthatha (Court), the Court declared the dismissal of a foreign national employee unlawful, despite the individual’s failure to have a valid work visa. 2025-07-15T22:00:00Z 3ca7dbe7-ed60-4693-a721-642e71e2debd https://www.webberwentzel.com//News/Pages/webber-wentzel-shortlisted-in-20-categories-for-the-2025-african-legal-awards.aspx Webber Wentzel has been shortlisted in 20 categories for the 2025 African Legal Awards, a recognition that reflects the firm’s depth of expertise and impact across the African legal and business landscape. 2025-07-03T22:00:00Z 3fc2cd1f-4ae4-4d6c-9aee-82396cd5c0fc https://www.webberwentzel.com//News/Pages/navigating-the-retirement-maze-mechanisms-of-retirement-implementation.aspx In the dynamic landscape of workforce management, the concept of retirement age holds both rational and practical importance. For employers, understanding the legal framework is crucial for ensuring compliance and adapting to evolving standards. 2025-05-07T22:00:00Z 1ea913d3-7213-4ac8-b4bb-b6f4b333cba1 https://www.webberwentzel.com//News/Pages/mine-health-and-safety-amendments-to-regulations-determining-occupational-exposure-levels-for-airborne-pollutants.aspx The Minister of Mineral and Petroleum Resources has published amendments to the occupational exposure limits for airborne pollutants, which will come into effect on 26 June 2025. 2025-04-29T22:00:00Z be42ac1f-0173-491d-b053-f10840046bcc https://www.webberwentzel.com//News/Pages/understanding-employers-pension-fund-obligations-directors-personal-liability-for-unpaid-pension-contributions.aspx In today’s challenging economic climate, many companies face financial distress and even insolvency. However, recent legal developments make it clear that financial hardship is no excuse for failing to meet statutory obligations, particularly the obligation to pay over retirement fund contributions deducted from employees' salaries. 2025-04-28T22:00:00Z 59c8a5b3-1071-4794-acef-7542ebbf4233 https://www.webberwentzel.com//News/Pages/heightened-responsibilities-for-employers-amidst-employment.aspx The Minister of Employment and Labour ("the Minister") has published the Employment Equity Regulations, 2025 ("the 2025 Regulations") under the Employment Equity Act 55 of 1998 (EEA), as amended, together with the notice identifying national economic sectors and determining the sectoral numerical targets effective from 15 April 2025. 2025-04-16T22:00:00Z 81db1a85-49e6-418f-8867-071efbbc9c81 https://www.webberwentzel.com//News/Pages/employers-failure-to-intervene-renders-female-pastor-successful-in-constructive-dismissal-claim.aspx A recent Labour Court judgment confirms that where employers fail to properly address grievances or mitigate the cause of an employee’s complaint, a constructive dismissal claim may succeed. 2025-04-13T22:00:00Z 7946c704-ceda-4c0f-8caa-db51e748cbc0 https://www.webberwentzel.com//News/Pages/visa-backlog-relief-for-foreign-nationals-amid-processing-delays.aspx Acknowledging the ongoing visa processing backlog, the Department of Home Affairs (DHA) has reaffirmed its commitment to improving efficiency in visa and permit issuance. As part of this effort, a new Immigration Directive has been issued, extending relief to foreign nationals awaiting the outcomes of their pending visa, waiver, and appeal applications until 30 September 2025. 2025-04-01T22:00:00Z 01f861e5-180a-4805-9148-750fa0f71cc3 https://www.webberwentzel.com//News/Pages/dismissal-of-employees-based-on-age-is-termination-lawful-after-the-normal-or-agreed-retirement-age.aspx Section 187(1)(f), read together with Section 187(2)(b) of the Labour Relations Act 66 of 1995 (LRA), provides that a dismissal based on age discrimination is automatically unfair unless the employee has already reached their normal or agreed retirement age. 2025-03-31T22:00:00Z eef58cb9-2664-4174-b871-6487888995a0 https://www.webberwentzel.com//News/Pages/understanding-ohsa-labour-court-clarifies-inspectorate-powers-and-the-meaning-of-reasonably-practicable.aspx In the recent judgment of Truworths Limited v The Chief Inspector: Occupational Health and Safety, Department of Employment and Labour, the Labour Court provided critical guidance on what constitutes 'reasonably practicable' under the Occupational Health and Safety Act 85 of 1993 (OHSA). 2025-03-24T22:00:00Z d109cd3a-9bdf-4ea9-9d8f-304b46ef0b7a https://www.webberwentzel.com//News/Pages/major-hazard-installation-regulations-2022-reminder-of-key-dates-for-compliance-by-duty-holders.aspx The Major Hazard Installation (MHI) Regulations were published in January 2023, repealing the 2001 MHI Regulations. The implementation of the MHI Regulations follows a staged approach over 36 months, with duty holders expected to have already complied with several obligations while others take effect by January 2026. 2025-03-13T22:00:00Z 410ec31c-65b3-4291-8472-71029aa0d50a https://www.webberwentzel.com//News/Pages/2025-earnings-threshold-to-expand-the-pool-of-protected-employees.aspx With effect from 1 April 2025, the earnings threshold will increase to ZAR 261,748.45, entitling employees falling below the new threshold to stricter protections under labour legislation. 2025-03-11T22:00:00Z 8322c6c3-4165-4b67-b836-409bffc8fe7d https://www.webberwentzel.com//News/Pages/labour-court-scrutinises-and-overturns-retrenchment.aspx A recent Labour Court (LC) judgment considers the misuse of section 189 of the Labour Relations Act (LRA). 2025-02-26T22:00:00Z 8ac30f3b-cb90-4992-a796-5ad9d0f155ce https://www.webberwentzel.com//News/Pages/how-does-the-minimum-wage-apply-to-workers-not-remunerated-by-the-hour-in-the-retail-sector.aspx Given the adjustment to the national minimum wage taking effect on 1 March 2025, we consider the remuneration of retail workers on bases other than hours worked, such as commission-based remuneration, and the challenges presented in complying with the National Minimum Wage Act 9 of 2018 (NMWA) under these arrangements. 2025-02-24T22:00:00Z 08be227f-b7ce-4ac5-8612-d68ca80f0f9f https://www.webberwentzel.com//News/Pages/atypical-remuneration-structures-how-does-the-minimum-wage-apply-to-workers-not-remunerated-by-the-hour.aspx Given the adjustment to the national minimum wage taking effect on 1 March 2025, we consider the remuneration of workers on bases other than hours worked, such as commission-based remuneration, and the challenges presented in complying with the National Minimum Wage Act 9 of 2018 (NMWA) under these arrangements. 2025-02-18T22:00:00Z 56eb9af4-115d-4614-8b38-fb6cf3ccb2e3 https://www.webberwentzel.com//News/Pages/national-minimum-wage-increases-from-1-march-2025-as-new-rates-take-effect.aspx The Minister of Employment and Labour has announced adjustments to the national minimum wage, which will take effect on 1 March 2025. 2025-02-05T22:00:00Z 8d49c6f4-2a2d-46fc-9033-f553c56ceb80 https://www.webberwentzel.com//News/Pages/a-closer-look-at-the-draft-code-of-good-practice-on-dismissals.aspx A new draft Code of Good Practice on Dismissals (draft COP) seeks to introduce notable changes to Schedule 8 of the Labour Relations Act, 1995 (LRA), which provides guidance on the fairness of dismissals. 2025-01-27T22:00:00Z ede6e8ed-a0f4-476a-9d67-16e80029c73a https://www.webberwentzel.com//News/Pages/employment-equity-compliance-and-consultancy-offering.aspx The Employment and Employee Benefits practice group has extensive experience providing legal advice and representation on employment equity matters. Building on this foundation, the team is pleased to announce the launch of its dedicated Employment Equity compliance and consultancy offering . 2024-11-28T22:00:00Z 8f8544c1-f855-4783-9ac4-f065e4e87e4d https://www.webberwentzel.com//News/Pages/the-employee-that-cried-wolf-malicious-whistleblowing-and-its-effects.aspx Whistleblowing is widely regarded as a critical tool for promoting transparency and accountability in organisations. It allows individuals to report unethical behaviour or misconduct without fear of retaliation. 2024-11-20T22:00:00Z f0d68f4f-be88-4f3d-b1b0-c566c435e8be https://www.webberwentzel.com//News/Pages/the-transformative-power-of-employee-share-ownership-policies-esops.aspx Employee share ownership policies (ESOPs) in the current labour environment are far more than a passing trend; they are a transformative tool that simultaneously impact several areas of a business. 2024-11-20T22:00:00Z bae75f35-e1be-44cb-a6f8-fe8a61c270b5 https://www.webberwentzel.com//News/Pages/latest-developments-in-south-african-immigration-point-based-system-remote-work-visa-visa-backlogs-and-extended-concessions.aspx Over the past 10 months, the Department of Home Affairs (DHA) rolled out several significant changes that will impact the immigration space in South Africa. 2024-11-05T22:00:00Z 0aff092c-9ae1-49b7-b881-5525d2f1c73c https://www.webberwentzel.com//News/Pages/draft-mine-health-and-safety-amendment-bill-2024-key-considerations-for-employers.aspx The Minister of Mineral and Petroleum Resources has introduced the Mine Health and Safety Amendment Bill in the National Assembly. 2024-10-14T22:00:00Z 821afa6a-5ace-4af3-a980-3286f1827615 https://www.webberwentzel.com//News/Pages/raising-the-bar-for-quality-assurance-in-occupational-hygiene-and-ventilation-engineering-measurements-in-mining.aspx On 2 August 2024, the Chief Inspector of Mines issued a guideline directing mine operators to implement a new mandatory code of practice (COP) to better achieve quality assurance for measuring occupational hygiene and ventilation engineering. 2024-09-25T22:00:00Z d7c3682f-94b6-41b8-9edd-97694a6557aa https://www.webberwentzel.com//News/Pages/shorten-the-disciplinary-carousel-to-benefit-employees-and-employers.aspx The Labour Relations Act (LRA) in South Africa goes to great lengths to provide employees and employers with a structure they can use to address matters around conduct and discipline. However, since the LRA and Commission for Conciliation, Mediation and Arbitration (CCMA) came into existence, a perception exists that disciplinary matters are events of almost last resort because of their cost in time and money. 2024-08-21T22:00:00Z 77145a7c-63dc-4d50-8cba-fd45a6e3f684 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 de1ff28b-da19-46a9-8908-c7542e1f7077 https://www.webberwentzel.com//News/Pages/stamping-out-racially-charged-misconduct.aspx A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen. 2024-04-15T22:00:00Z 2f32ab73-a1f9-4d0f-8af6-62040baacf55 https://www.webberwentzel.com//News/Pages/2024-earnings-threshold-announced.aspx The earnings threshold will increase to R254 371.67 with effect from 1 April 2024, entitling employees falling below the threshold to stricter protections in terms of labour legislation. 2024-03-05T22:00:00Z f20c0f7e-ca7d-4a3f-b46a-b8bc4be84d19 https://www.webberwentzel.com//News/Pages/beyond-60-landmark-judgment-upholds-right-to-work-challenges-retirement-norms.aspx A recent judgment by the Labour Court confirms the current untenable position that many working-class South Africans find themselves in - being unable to retire comfortably at the standard retirement age, thus necessitating working beyond retirement. 2024-02-27T22:00:00Z 0e759e30-f4fb-4c43-827b-77f305deb5c0 https://www.webberwentzel.com//News/Pages/mass-dismissals-for-strike-misconduct-without-meeting-the-threshold-for-common-purpose.aspx Mass dismissals for strike misconduct without meeting the threshold for common purpose can be a complex legal matter that requires careful considerations of the specific circumstances, particularly in establishing a clear link between an individual's actions and the collective misconduct. 2024-02-11T22:00:00Z 6d189ca5-891c-4004-a999-1b78adc77ee8 https://www.webberwentzel.com//News/Pages/practical-insights-draft-regulations-on-proposed-sectoral-targets-open-for-public-comment.aspx On 1 February 2024, the Minister of Employment and Labour issued new draft regulations concerning sectoral targets (draft regulations), providing a 90-day window for interested parties to comment. 2024-02-05T22:00:00Z b8a7c65c-60aa-4082-a4cf-5e0a8d60889b https://www.webberwentzel.com//News/Pages/latest-developments-in-south-african-immigration-visa-backlogs-and-extended-concessions.aspx Several immigration developments from the Department of Home Affairs (DHA) unfolded over the 2023 festive season. These include an extension of temporary concession for foreign nationals awaiting outcomes to their pending applications and granting extended exemptions for both Zimbabwe and Lesotho nationals. 2024-01-15T22:00:00Z