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THE OPERATIVE WORD IS “OWING”
Twenty-five applicants, all of whom were employed as sales consultants, received a basic monthly salary of R5000,00 plus commission. The applicants referred a section 73A dispute to the CCMA arguing that they were underpaid during specific periods, and that this underpayment contravened the Nati...
THE MULTI-FACTORAL TEST
The applicant referred an unfair dismissal case to the CCMA, claiming that he was unfairly dismissed by the respondent as his employment offer was withdrawn. The respondent argued the offer was withdrawn because the applicant’s operating licence had been suspended and he would have been an independent...
Is Unpaid Maternity Leave Unpaid
The recent judgment of Phehane J in Bumbana Mining (Pty) Ltd v SALU offers a timely and important clarification on the legal position relating to maternity leave and the payment of benefits. The dispute, while seemingly narrow, touches on a broader and often misunderstood issue in the workpla...
IMPORTANT UPDATE – INCREASE IN BASIC CONDITIONS OF EMPLOYMENT ACT EARNINGS THRESHOLD FOR 2026
Jan Du Toit
IMPORTANT UPDATE – Increase in Basic Conditions of Employment Act Earnings Threshold for 2026
Section 6 of the Basic Conditions of Emp...
THE CCMA’S JURISDICTION IN CASES OF SEPARATION AGREEMENTS
The applicant alleged dismissal for an unknown reason after signing a separation agreement, which he claimed was drafted in his absence. The commissioner found that the applicant failed to prove his alleged verbal dismissal, noting his continued cordial communication ...