ENSafrica’s latest ENSight...

ENSafrica’s latest ENSight...

ENSafrica | ENSight | Reinstatement remains a two-way street for the purposes of claiming backpay | 28 FEB 2023

ENSafrica’s latest ENSight, covering the latest legal news and developments across Africa.?

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EMPLOYMENT ENSIGHT

Reinstatement remains a two-way street for the purposes of claiming backpay

Henry Rossouw and?Buhle Mcengwa

A recent Labour Court decision has clarified that employees who are reinstated through an arbitration award cannot claim backpay unless they have actually tendered their services and the employer has accepted this tender. In the case of Karabo Goliath and Others v African Meter Reading, the employees were granted no relief for backpay as they had not tendered their services and their employment contracts had not been revived.

Just how clean can a new broom sweep? The Labour Appeal Court weighs in

Joe Mothibi and Jessie Gertzen

A recent case has highlighted the need for employers to provide diverse training for employees, including legal and managerial education, to ensure consistent performance throughout the organisation. The case involved the dismissal of a manager who was hired to improve performance but became an "unpopular boss" and was accused of creating a hostile environment.

New minimum wage and earnings threshold set to impact South African employers

Lauren Salt

South African employers should take note of the recent increase in the minimum earnings threshold and national minimum wage, which will come into effect on 1 March 2023. Employers must ensure that their policies and employment contracts align with the new threshold and conduct audits to ensure compliance with the Basic Conditions of Employment Act.?


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