CT HR Services

CT HR Services CT HR Services is able to assist an organisation to reap the fruits of their human capital and help

28/09/2022

MEDIA RELEASE

27 September 2022

Curtain falls on joint Department of Employment and CCMA’s EE workshops and now spotlight shifts to 2022 EE report submission

Department of Employment and Labour Assistant Director: Policy Development, Innocent Makwarela has implored employers to submit their employment equity (EE) reports on time to prevent falling on the wrong side of the law.

“We would like to implore employers to submit reports on time. The EE amendments are coming and this is exciting time for the labour market,” he said.

Makwrela was speaking in Bloemfontein today, 27 September 2022 during the joint Department of Employment and Labour, and the Commission for Conciliation, Mediation and Arbitration (CCMA) 2022 Employment Equity workshop. He said employers in the Free State as presented in the 2021 Commission for Employment Equity Annual Report submitted 769 reports – which constitutes 2,6 percent of the national figure.

He said the province has a lot to do to uplift the unskilled, an area that was beginning to be dominated by foreign workers.

Makwarela said the EE reporting season opened on 01 September 2022 and the online reporting will close on 15 January 2023. He said when reporting employers must make sure that they have their analysis documents (documents detailing minutes, discussions etc.) and EE plans in place.
“To date, we have received 1015 reports,” he said.

The Employment Equity Act 55 of 1998 intends: to provide for employment equity; and to provide for matters incidental thereto. Its purpose is to promote equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure their equitable representation in all occupational categories and levels in the workforce.

The EE Act empowers a labour inspector the authority to enter, question and inspect as provided for in section 65 and 66 of the Basic Conditions of Employment Act. It further empowers the labour inspector to request and obtain a written undertaking from a designated employer to comply. Failure to give and/or comply with a written undertaking may result in an inspector issuing a compliance order.

A designated employer must prepare and implement an employment equity plan which will achieve reasonable progress towards employment equity in that employer’s workforce.

It is an offence to obstruct or attempt to improperly influence any person who is exercising a power or performing a function in terms of this Act; or knowingly give false information in any document or information provided to the Director-General or a labour inspector in terms of this Act. A person who contravenes a provision of this section commits an offence and may be sentenced to a fine.

Today’s workshop marked the end of a national series of advocacy programme held throughout the country under the theme: “Real transformation makes business sense”. It follows other similar workshops held in Kimberley, Mahikeng, Rustenburg; Thohoyandou, Polokwane; Mbombela, Emalahleni; Welkom; Richards Bay, Pietermaritzburg, Durban; Gqeberha, East London; George, Cape Town; Pretoria, Johannesburg, and the Vaal.

The EE workshops started on 17 August. The objective of the workshops was:

- Publicising the Gazetted Code of Good Practice on elimination of and prevention harassment in the workplace;
- Present on 2021-2022 EE Annual Report (22nd EE Annual Report);
- The 2022 EE Online reporting; and
- CCMA: Case law of all types of harassment.

The workshops were aimed at employers or heads of organisations, academics, assigned senior managers, consultative forum members, human resource practitioners, trade unions representatives and employees.

For media enquiries kindly contact:

Teboho Thejane
Departmental Spokesperson
082 697 0694 /[email protected]

-ENDS-

Issued by: Department of Employment and Labour

02/09/2022

MEDIA RELEASE

31 August 2022

Inform your employees about the contents of your harassment Policies-Department of Employment and Labour

The Director: Employment Equity, Ntsoaki Mamashela, told the combined Department of Employment and Labour and Commission for Conciliation, Mediation and Arbitration’s(CCMA) Employment Equity roadshow that employers should effectively communicate the contents of harassment policies to all employees.

“In terms of Section 60 of the Employment Equity Act, employers are under obligation to take proactive and remedial steps to prevent all forms of harassment in the workplace. This includes an assessment of the risk of harassment that employees are exposed to while performing their duties as far as is reasonably practicable”, she said.

Mamashela told employers that they should have an attitude of zero-tolerance towards harassment. “You should create and maintain a working environment in which the dignity of employees is respected and a conducive climate in which employees who raise complaints about harassment will not feel that their grievances are ignored or trivialised, or fear reprisals”.

She told employers to make sure that their harassment policies contain procedures to be followed by the complainant when they encounter harassment as well as for the employer when harassment is alleged. She highlighted that harassment policies must also contain an outline of information on the availability of counselling, treatment, care and support programs for employees who are victims of harassment.

“In terms of the Employment Equity Act, failure to take adequate steps to eliminate harassment once an allegation of harassment by an employee has been submitted within a reasonable time, will render the employer vicariously liable for the conduct of the culprit or wrongdoer.

The chairperson of the Employment Equity Commission (EEC), Tabea Kabinde, presented the status of the province in terms of affirmative action. She told the gathering that she is embarrassed by the snail-speed of change in the province and the country as a whole. Kabinde explained that the Commission believes that the current EE amendments, which would empower the Minister to regulate the sector specific EE targets are envisaged to become critical catalysts that would expedite the pace of transformation in the labour market.

According to the Chairperson, the assenting of the Employment Equity Amendment Bill will speed up affirmative action in the country as the Minister of Employment and Labour will regulate sector specific EE targets and will be used as criteria for issuance of EE Compliance Certificate in terms of Section 53 of the EE Act.

Commissioner Dube, from the CCMA reiterated the call by Mamashela that employers effectively communicate policies to their employees. He said “The policy must be explained to employees and not just be displayed on the noticeboard”.

The roadshows held under the theme: “Real transformation makes business sense”, are continuing as follows:

KwaZulu-Natal
Durban (01 September 2022) – Olive Convention Centre, 1 Somtseu Rd, North Beach, Durban
Western Cape
George (06 September 2022) – (venue to be confirmed)
Cape Town (07 September 2022) – (venue to be confirmed)
Gauteng

Pretoria (13 September 2022) – RH Hotel, Corner Steve Biko Road and, Trevenna Street, Sunnyside
Johannesburg (14 September 2022) – (venue to be confirmed)
Vaal (15 September 2022) – (venue to be confirmed)

The national workshops start at 10:00 and conclude at 13:00 and members of the media are invited.

More information on EE is obtainable from the Department website www.labour.gov.za including updates on the schedule for venues.
Media enquiries may be directed to:

Teboho Thejane
Departmental Spokesperson
082 697 0694/ [email protected]

-ENDS-

Issued by: Department of Employment and Labour

31/08/2022

MEDIA RELEASE

31 August 2022

Newly amended Employment Equity (EE) Act to aid workplace transformation in SA to come into operation on 01 September 2023

The amended Employment Equity (EE) Act of 1998 to empower the Employment and Labour Minister to regulate sector specific EE targets and to regulate compliance criteria to issue EE Compliance Certificate in terms of Section 53 of the EE Act will come into force on the first of September 2023

Read More...
https://www.labourguide.co.za/recent-articles/2909-newly-amended-employment-equity-ee-act-to-aid-workplace-transformation-in-sa-to-come-into-operation-on-01-september-2023

12/05/2022

Parental Leave.

By Jan du Toit

As from the 1st of January 2020 the three days family responsibility leave employees were entitled to upon the birth of a child, was replaced with parental leave as per the Labour Laws Amendment Act of 2018.

The remainder of section 27 of the Basic Conditions of Employment Act (Family Responsibility Leave) remains intact, entitling employees to three days family responsibility leave when a child is sick (younger than 18 years of age) or alternatively upon the death of a family member as listed in the Act.

In terms of the Labour Laws Amendment Act an employee is entitled to 10 days parental leave upon the birth of the employee's child. Parental leave may also be applicable in circumstances where an employee legally adopts a child or when a child is placed by a court in the care of a prospective adoptive parent. In this regard one must consider the definitions of adoptive and prospective adoptive parents. A “prospective adoptive” parent means a person that complies with the requirements set out in the in the Children's Act of 2005. A prospective adoptive parent therefore means:

* a person that is fit and proper to be entrusted with full parental responsibilities;
* that is willing and able to undertake, exercise and maintain those responsibilities;
* that is older than 18 years;
* and that has been properly assessed by an adoption social worker.

Read More...
https://www.labourguide.co.za/conditions-of-employment/2879-parental-leave

30/03/2022

MEDIA RELEASE

29 March 2022


MORE WORKPLACES TO FACE DG REVIEWS TO ENFORCE COMPLIANCE WITH THE EE ACT – DEPARTMENT OF EMPLOYMENT AND LABOUR

A total of 60 percent of employers in the current financial year ending March 31 have been referred to prosecution for failure to comply with the employment equity (EE) legislation, Department of Employment and Labour Chief Director: Statutory and Advocacy Services, Fikiswa Bede said today.

Bede said the Department has noted with concern that there are more employers requesting settlement out of court. She said this conduct indicates that employers were budgeting for fines. Bede said in addition to settling out of the courts the Department will from now on also force the employers to foot the court bills.

The Chief Director said in terms of the Director-General (DG) review process, there was a 94 percent non-compliance with the EE Act. She said in the year under review a total of 860 DG reviews were conducted nationally.

The most DG reviews were conducted in Kwa-Zulu-Natal (269); Gauteng Province (213) and the least was North West (10).

“When one looks at the current DG Review data the situation in regards to non-compliance with EE can only get worse,” she said.

A Director-General may conduct a review to determine whether an employer is complying with the EE Act of 1998.

The review involves requesting the employer to submit a current analysis or employment equity plan; requesting the employer to submit to the DG any book, record, correspondence, document or information that could reasonably be relevant to the review of the employer’s compliance with this Act; request a meeting with an employer to discuss its employment equity plan, the implementation of its plan and any matters related to its compliance with this Act; and request a meeting with any employee or trade union consulted in terms of section 16, work forum or another person who may have information relevant to the review.

Failure to comply with DG’s recommendations/request, the DG may refer the employer for non-compliance to the Labour Court.

Bede was speaking today during the Department of Employment and Labour’s breakfast advocacy session with stakeholders held at Lagoon Beach Hotel in the Western Cape on the subject of compliance with the EE Act. The session was attended by executives of companies, union representatives, academics, and government departments.

The session held under the theme: “Transformation is a process and not an event” - follows several Director-General Reviews of designated employers in both the Private Sector and Public Sector that showed the need for advocacy. A wide range of non-compliance issues were unearthed, hence the arrangement for an advocacy session.

According to Bede, the areas of non-compliance relates to no proof of assignment of EE responsibility; EE managers not provided with the required resources and budget; attendance register not indicating the constituencies represented by the committee members; an analysis conducted post the development of the EE Plan; barrier analysis not matching a true reflection of what is happening in the workplace, and EE plans not projecting reasonable progress towards transformation in line with the goals and numerical targets set by the designated employers.

“Transformation is a process, not an event. It begins with the will, desire and a decision to commit to transformation”; Bede said.

Department of Employment and Labour Inspector-General Aggy Moiloa said 24 years ago the EE Act was born, however, years later the legislation still displays the tendency of a newborn. Moiloa said it was worrisome that there was no will to implement the legislation.

Acting Director-General of the department, Marsha Bronkhorst lamented the snail's pace of transformation of workplaces. She said the Department does not need to police and enforce compliance.

“Employers need to inculcate a culture of self-regulation. Unfortunately, EE has been one of the legislation that has been flouted with impunity since its inception”; she appealed to employers to transform as enforcement was costly and time-consuming.

For more information, please contact:

Mapula Tloubatla
Provincial Communications Officer: Western Cape
060 989 7509/ [email protected]


Or

Teboho Thejane
Departmental Spokesperson
082 697 0694/ [email protected]

-ENDS-

Issued by: Department of Employment and Labour

22/03/2022

Sick leave, medical certificates and abuse of sick leave

Employees who pretend to be too sick to work and then attend a non-work-related activity, should not expect to get away with their dishonest behaviour.

By Nicolene Erasmus
Updated 2022/03

What the Basic Conditions of Employment Act prescribes:

22. Sick leave.—(1) In this Chapter, “sick leave cycle” means the period of 36 months’ employment with the same employer immediately following—

an employee’s commencement of employment; or

the completion of that employee’s prior sick leave cycle.

Read More...
https://www.labourguide.co.za/recent-articles/1568-sick-leave-and-medical-certificates

19/03/2022

Key information

Schedule 8 of the Labour Relations Act requires that all employers should adopt disciplinary rules that establish the standard of conduct required of their employees. Additionally, it is further prescribed that employers should progressively attempt to correct the behaviour of its employees by issuing warnings before resorting to measures such as a dismissal. This article deals with the effect of expired warnings and whether such warnings can be considered in determining the appropriate sanction for further similar misconduct.

Can expired warnings be considered?

By Jan du Toit
Updated 2022/03

Schedule 8 of the Labour Relations Act requires that all employers should adopt disciplinary rules that establish the standard of conduct required of their employees. In addition to this it is further prescribed that employers should progressively attempt to correct the behaviour of its employees by applying corrective measures before resorting to measures such as a dismissal.

Warnings should therefore be seen as corrective instead of punitive measures. This means that the employer must first attempt to correct the behaviour of an employee instead of punishing the employee. The way in which warnings are issued and for how long they will remain valid depends entirely on the size and nature of the organisation. Furthermore, according to Schedule 8, employers must keep record of disciplinary action taken against its employees. Such information must include the nature of any disciplinary transgressions, the actions taken by the employer and the reasons for the actions.

Read More...
https://www.labourguide.co.za/recent-articles/2864-can-expired-warnings-be-considered

03/03/2022

Developing legal approach to mental health in the workplace: Compensation Commissioner v Georgia Badenhorst case

By Hugo Pienaar, Director, Asma Cachalia, Associate and Jacques Erasmus, Candidate Attorney, Employment practice, Cliffe Dekker Hofmeyr

Mental health and its effect on an individual’s functionality has increased in prominence in the last few years. The case of Compensation Commissioner v Georgia Badenhorst [2022] ZAECGHC 1 touches on the importance of mental health in the workplace and how it has become a significant factor in workplace safety.

In this case, Georgia Badenhorst had a phobia of snakes and suffered from post-traumatic stress disorder (PTSD) after she accidentally grabbed a snake in the storeroom at work when reaching for a docket positioned above her head. As a result of holding the snake she developed numerous psychological conditions that led to her being mildly to moderately impaired. She was awarded 20% permanent disablement by the Compensation Commission, which was subsequently challenged in terms of section 91(5) of the Compensation for Occupational Injuries and Diseases Act (COIDA).

Read More...
https://www.labourguide.co.za/recent-articles/2854-developing-legal-approach-to-mental-health-in-the-workplace-compensation-commissioner-v-georgia-badenhorst-case

09/04/2020

Presenters: Jan du Toit and Tinus Boshoff Program Remuneration during the lockdown: • Do I have to pay my employees? • UIF Disaster Benefit Fund. • Annual leave during lockdown? • Public holidays during the lockdown? After the lockdown: • What if I have no work for the employees? • Retre...

24/03/2020

Important Guides: Coronavirus

Corona Virus easy aid UIF
Compensation Fund -Occupational Acquired Coronavirus (claim procedures)
Health and Safety Guidelines - Workplace Preparedness: COVID-19 (SARS-CoV-19 virus) by the Department of Employment and Labour

https://www.labourguide.co.za/downloads1

Image: bbc.com

04/07/2019

Irrational Arbitration Awards can be taken on Review By Magate Phala Section 145 (1) of the Labour Relations Act, 66 of 1995 provides that any party to a dispute who alleges a defect in any arbitration proceedings under the auspices of the Commission may apply to the Labour Court for an order se

Address

Louis Trichardt
0920

Opening Hours

Monday 08:00 - 17:00
Tuesday 08:00 - 17:00
Wednesday 08:00 - 17:00
Thursday 08:00 - 17:00
Friday 08:00 - 17:00

Telephone

+27829025666

Website

Alerts

Be the first to know and let us send you an email when CT HR Services posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Business

Send a message to CT HR Services:

Shortcuts

Share

Category