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 test for merger specificity restated and endorsed
As part of the merger notification process, merging parties must disclose whether the merger will or even has caused job [...]
Half-baked challenge by employees dismissed for testing positive for cannabis at work
In a 2018 judgement by the Constitutional Court, the highest Court in the land effectively decriminalised the private use, cultivation [...]
Triumph for liquidators: Courts setting aside and declaring specious transactions void
by Tandiwe Matshebela, Director, Tebello Mosoeu, Associate, and Zoë Austen, Candidate Attorney Added to the liquidators' responsibility and duty to [...]
Considering the competition law implication of crypto currency and regulation one ought to say – Competition Commission start running!
The cryptocurrency sector is innovative and fast-moving. Cryptocurrency and crypt exchanges are attracting a lot of focus also as Crypto [...]
Too good to be true? What about your privacy?
It is common cause that the tech-bug has bitten us all (almost), and the evolution of the mobile application ("mobile [...]
Should there be limits on the extent to which personal information of a company’s shareholders are available to the public?
Section 26(2) of the Companies Act 71 of 2008 ("Companies Act") provides that any person has the right to access [...]
