Applying the 2025 Code of Practice: Dismissal in Small Businesses in South Africa
The Code of Good Practice has been updated in 2025 to provide small business in South Africa with more power when it comes to dismissals in the workplace. However, with more power comes more responsibility to ensure a fair process in followed. At Welman Attorneys Inc. we assist our customers with guidance on a weekly […]
5 Surprising Truths in South Africa’s New Dismissal Code
For most people, the thought of being dismissed from a job is a source of profound anxiety. It’s often viewed as an abrupt, one-sided decision where the employer holds all the power. This perception is fueled by misconceptions about what is and isn’t legally permissible, leading both employees and employers to navigate workplace conflicts with […]
A Disciplinary Hearing is not a Trial
For many employees and managers, the phrase “disciplinary hearing” conjures images of a formal, intimidating courtroom. We picture complex charge sheets, legal arguments, and a process that feels more like a criminal trial than a workplace meeting. This perception often leads to anxiety, inefficiency, and a focus on procedural technicalities rather than resolving the actual […]
What is Section 77 of the Basic Conditions of Employment Act and How Does It Protect Your Contractual Rights?
Introduction If you are an employee in South Africa, you may have heard of the Basic Conditions of Employment Act 75 of 1997 (BCEA), which is a law that regulates the minimum standards of employment, such as working hours, leave, remuneration, termination and more. But did you know that the BCEA also gives you the […]
The Constitutional Court’s Clarification on the Use of Replacement Labour during Lockouts
Introduction The recent Constitutional Court case of National Union of Metalworkers of South Africa v Trenstar (Pty) Ltd [2023] ZACC 11 has provided clarity on the use of replacement labour during lockouts. The conflict created by the decisions of Ntimane & others v Agrinet t/a Vetsak (Pty) Ltd (1999) 20 ILJ 896 (LC) and SACCAWU […]
Transfer of Businesses as a Going Concern: What Business Owners Need to Know
In today’s fast-paced business environment, transfers of businesses as a going concern are becoming increasingly common. The recent Labour Court judgment [Numsa obo Members and Others v AIH Logistics (Pty) Ltd and Another (D 1112/19) [2023] ZALCD 2 (27 January 2023)] has shed light on what constitutes a bona fide transfer of a business as […]
The issue of mandatory vaccinations in the workplace
The issue of mandatory vaccinations in the workplace is an interesting one. Earlier this month, New Zealand announced a ‘no jab, no job’ policy for most healthcare workers and teachers to prevent the spread of the COVID-19 virus. Doctors, nurses, and other frontline health workers must be double-jabbed by 1 December while any person working […]
Calculation of Employee’s Remuneration
GN 691 OF 23 MAY 2003: CALCULATION OF EMPLOYEE’S REMUNERATION IN TERMS OF SECTION 35 (5) OF THE ACT (BCEA) With compliments from the Department of Labour… The Minister of Labour has determined, in Government Notice 691 dated 23rd May 2003, that the following method of calculating employee’s remuneration for the purposes of annual leave […]
Overpayments
What happens in the event of overpayments toward employees by the employer? In terms of section 35(5) of the BCEA, we see that an employer may not require or permit an employee to repay any remuneration except for overpayments previously made by the employer resulting from an error in calculating the employee’s remuneration. The Labour […]
What is a Benefit?
Sadly, there is no definition of a “benefit” in the Labour Relations Act, No. 66 of 1995 (LRA). Over the years the Labour Court and the Labour Appeal Court have had to try to make sense of this term and there have been many and varied interpretations. Earlier decisions made a distinction between remuneration and […]