15th Jun 2021
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Accumulation of leave

Accumulation of leave “Is an employee entitled to accumulate all leave that they do not take for the full duration of their employment with one employer?  This is a question which has bothered many an employer and employee. The first place to look is Section 20 of the Basic Conditions of Employment Act 75 of 1997 (BCEA). Section 20 of the BCEA provides that an annual leave cycle means the period of 12 months employment with the same employer immediately following an employee’s commencement of employment or the completion of […]
12th Jul 2019
Pagdens is a family of legal practitioners

Recent Labour Legislation Changes

Parliament has recently enacted amendments to the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA), and has also phased in the historic National Minimum Wage Act (NMWA). All of these legislative measures came into effect on 1 January 2019. Amendments to the Rules for the Conduct of Proceedings before the CCMA (CCMA rules) have also been published, and came into effect on the same day.   The latest amendments leave most of the CCMA rules intact in their present form. However, there are some important amendments to take note of […]
15th Apr 2019
Pagdens is a family of legal practitioners

The 5 most important things to consider before you dismiss an employee

The Labour Relations Act 66 of 1995 requires employers to not only have a substantively fair reason to dismiss an employee, but also requires the employer to follow a fair procedure. Remember, a person’s livelihood and future career prospects are at stake. Reasonableness and fairness must therefore be at the heart of every disciplinary process. These are five of the most important things to consider before you dismiss an employee. Do a proper investigation and know exactly what charges you wish to raise against the employee. Consult witnesses thoroughly and […]