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South Africa
Newsletter December, 2023

South Africa: Decision on Discrimination between Mothers and Fathers

December, 2023
  • On 25 October 2023, the Gauteng High Court stated that Sections 25, 25A, 25B, and 25C of the Basic Conditions of Employment Act 1997 (BCEA) relating to the minimum period of maternity, parental, adoption, and commissioning parental leave are invalid. 
  • The Court found that these provisions unfairly discriminate between mothers and fathers and between parents whose child is born of the mother, as opposed to surrogacy or adoption parents, in violation of the rights to equality and dignity of the Constitution of the Republic of South Africa. 
  • The declaration of invalidity has to be confirmed by the Constitutional Court.
Newsletter May, 2023

South Africa: new Employment Equity Act signed

May, 2023
  • On 12 April 2023, the Employment Equity Act (2020) was signed into law. 
  • It amends the existing Employment Equity Act 55 of 1998, aiming to promote diversity and equality in the workplace.
  • It applies only to companies employing more than 50 people.
Newsletter March, 2023

South Africa: New minimum wage and the earnings threshold

March, 2023
  • The Minister of Employment and Labour, effective from 1 March 2023, increased the minimum earnings threshold of ZAR 241110.59 per annum and the national minimum wage of ZAR 25.42 per hour worked. 
  • They increased, respectively, by 7.6 and 9.6 per cent. 
Newsletter January, 2023

Greening Enterprises: Transforming processes and workplaces (a ILO report)

January, 2023
  • On 14 November 2022, ILO published a report on the transition of enterprises, considering them not only in terms of how goods and services are produced but also as a workplace.
  • The report highlights how to help enterprises and workplaces become green and productive in environmentally sustainable ways, identifying s a range of measures and giving workers a role in the process. 
  • It shows that the greening of workplaces is an increasingly important element of the greening of enterprises.
Newsletter May, 2022

South Africa: new Code of Good Practice on the Prevention and Elimination on Harassment in the Workplace

May, 2022
  • On 18 March 2022, South Africa’s Minister of Employment and Labour enacted the new Code of Good Practice on the Prevention and Elimination on Harassment in the Workplace.
  • It provides a zero-tolerance approach to all forms of workplace harassment, whether it’s on the basis of sex, gender, sexual orientation, or race.
Newsletter February, 2022

South Africa: a decision on the mandatory adoption of a sexual harassment policy for large retailer

February, 2022
  • On 10 December 2021, ruling the case Shoprite Checkers (Pty) Ltd v JL and Others, the Labour Court of South Africa stated that employers must take appropriate steps to investigate incidents of sexual harassment in the workplace.
  • The Court ordered to employer to pay a former employee 25,000 South African rand in damages for sexual harassment and to adopt a sexual harassment policy.
Newsletter February, 2022

South Africa: a decision on the mandatory adoption of a sexual harassment policy for large retailer

February, 2022
  • On 10 December 2021, ruling the case Shoprite Checkers (Pty) Ltd v JL and Others, the Labour Court of South Africa stated that employers must take appropriate steps to investigate incidents of sexual harassment in the workplace.
  • The Court ordered to employer to pay a former employee 25,000 South African rand in damages for sexual harassment and to adopt a sexual harassment policy.
Newsletter January, 2022

South Africa: new minimum wage target for 2022

January, 2022
  • On 10 December 2021, the National Minimum Wage Commission (NMWC) presented its report and recommendations on the annual review of the national minimum wage for 2022.
  • The majority of Commissioners, after considering the current economic state of the country and the impact of the COVID-19 pandemic on both employers and employees, recommends that the national minimum wage should be increased by 1,0% above inflation.

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