Legal updates and opinions
News / News
National Minimum Wage Bill tabled in Parliament
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney
The Portfolio Committee on Labour met in January 2019 to discuss a possible amendment to the National Minimum Wage Act 9 of 2019 (the “NMW Act“) as contained in the National Minimum Wage Bill (the “Bill“). The Bill is meant to correct a cross-reference in the NMW Act and to provide for matters related therewith. The error in the NMW Act is found in section 17(4) which incorrectly makes a cross-reference to section 4(6) instead of section 4(8). Section 4(8) makes it an unfair labour practice for an employer to unilaterally change wages, hours of employment and other employment conditions. This is meant to have retrospective effect as of 1 May 2017. However, the NMW Act incorrectly makes section 4(6) retrospective therefore requiring the minimum wage to be back-dated to 1 May 2017. The purpose of the Bill is thus to ensure that section 17(4) refers to section 4(8). By correcting the cross-reference to section 4(6) it counteracts an argument that the minimum wage has retrospective effect. The time for written comments on the amendment of the Bill ended on 15 March 2019. The Bill has now been tabled in Parliament.
Latest News
THE RESTRICTIONS ON A COMMISSIONER TO DEAL WITH A DISPUTE NOT FORMALLY BEFORE HIM
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE Whether the commissioner acted [...]
SECTION 198A(3)(B) DEEMING PROVISION: LIABILITY FOR THE CLIENT EMPLOYER REGARDLESS OF THE ROLE THAT THE EMPLOYER STILL RETAINS
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney ISSUE In the case of [...]
PARENTAL LEAVE BENEFITS: NEW REGULATIONS TO THE UNEMPLOYMENT INSURANCE ACT 63 OF 2001
By Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Chelsea Roux, Candidate Attorney On 4 November 2019 the [...]
RESIGNATION WITH IMMEDIATE EFFECT – A TALE OF CONFUSION
By Sandile Tom, Director and Dale Adams, Candidate Attorney It is trite law that certain prescribed periods of notice become [...]
DISMISSED FOR NOT ACCEPTING AN EMPLOYER’S DEMAND – WHEN IS THIS AUTOMATICALLY UNFAIR?
By Bradley Workman-Davies, Director The Labour Relations Act, 66 of 1995 ("LRA"), which generally protects employees in South Africa against [...]
CONDUCT OF FINANCIAL INSTITUTIONS BILL
By Tracy-Lee Janse van Rensburg, Director and Reuben Lebelo, Candidate Attorney Following on the Financial Sector Regulation Act, 2017 ("FSR Act"), [...]
