In 2024, South Africa will experience the full impact of the Constitutional right to equality and fair discrimination. As organisations navigate this evolving landscape, the enforcement of sound values will be paramount in ensuring compliance and driving sustainable practices. Several legislative developments and regulatory changes will require organisations to proactively address issues related to equality, fair discrimination, harassment, and transparency.
South African employers are expected to increase pay by an average of 6.1% in 2024, according to a recent survey (as per BusinessTech). This is a slight decrease from the actual average rise in pay budgets made in 2023, which was 6.6%. The study found that companies surveyed are considering raising their compensation budgets in 2024 for two primary reasons: about 70% of the organizations attribute inflationary pressure as the reason, while nearly 44% responded that the increases are due to a competitive labour market, with companies aiming to attract and retain quality employees.
As we step into 2024, organisations are facing a pivotal moment, where the ability to navigate a rapidly changing landscape will determine their success in the months ahead. Numerous factors, many of which are within the organisation’s control, will play a critical role in shaping the business environment.
The issue of mandatory Covid-19 vaccinations in the workplace has been contentious issue ever since it was first introduced in the Covid Occupational Health and Safety (OHS) Direction in terms of the Disaster Management Act. The debate continued with corporates such as Discovery implementing compulsory vaccinations policies. Something very much at the top of employers’ minds was if compelling their employers to have Covid vaccinations strayed into the territory of unfair discrimination.
Employee Wellness Programme- Employee Wellness starts with individual buy-in. You can have the most amazing Employee Wellness Programme (EWP) but if employees don’t use it, they will not benefit from it and if none of your employees support it, it will not be successful.
As an employer, you are entitled to institute policies – which do not infringe the rights of your employees – in your workplace to govern employee behaviour. However, when employees organise an action against your policy this could be considered a strike. The case of Tiger Brands Limited v African Meat Industry & Allied Trade Union (AMITU) and Others (D1267/19) [2019] ZALCD 12 (25 October 2019) shows a similar situation.
The 22nd Annual employment Commission for (CEE) Report was launched on 20 June 2022. With the majority of employment equity (EE) reports being submitted by the private sector, it was noted that the White population group still dominates the top tiers of management in this sector while the African population group dominates the top three levels of management in the public sector. Given the trend in the private sector, the point was raised as to whether or not foreign conglomerates, when they bring their own top-tier management to set up operations, transfer their skills to South Africans
Disciplinary Hearings In The Workplace- On 22 July 2010 an employee was charged with four counts of misconduct by the Eastern Cape Department of Education (Department) for awarding a service contract to her spouse’s company without the required approval and consent of her employer. The service contract was awarded to her spouse’s company in accordance with the required procedure. However, she did not receive permission from the Head of Department to make the award.
The Compensation for Occupational Injuries and Diseases Act (COIDA), No. 130 of 1993, allows for employees to claim compensation if an employee is disabled or disabled as a result of an occupational injury or diseases that happen while performing their job.
The intervention by the Court to suspend a picket is a big hurdle to cross. The suggestion by the Court of contempt of Court proceeding on an urgent basis seems to be the way to go. Clover SA (Pty) Ltd v General Industries Workers Union of South Africa and others.
The case of De Beers Consolidated Mines Ltd (Venetia Mine) v National Union of Mineworkers and Others (JA83/18) [2019] ZALAC 72; [2020] 3 BLLR 251 (LAC) (11 December 2019) unpacks the issue of disclosing conflicts of interest to one’s employer.