On 25 October 2023, the Gauteng High Court stated that Sections 25, 25A, 25B, and 25C of the Basic Conditions of Employment Act 1997 (BCEA) relating to the minimum period of maternity, parental, adoption, and commissioning parental leave are invalid.
The Court found that these provisions unfairly discriminate between mothers and fathers and between parents whose child is born of the mother, as opposed to surrogacy or adoption parents, in violation of the rights to equality and dignity of the Constitution of the Republic of South Africa.
The declaration of invalidity has to be confirmed by the Constitutional Court.
The Minister of Employment and Labour, effective from 1 March 2023, increased the minimum earnings threshold of ZAR 241110.59 per annum and the national minimum wage of ZAR 25.42 per hour worked.
They increased, respectively, by 7.6 and 9.6 per cent.
On 14 November 2022, ILO published a report on the transition of enterprises, considering them not only in terms of how goods and services are produced but also as a workplace.
The report highlights how to help enterprises and workplaces become green and productive in environmentally sustainable ways, identifying s a range of measures and giving workers a role in the process.
It shows that the greening of workplaces is an increasingly important element of the greening of enterprises.
On 18 March 2022, South Africa’s Minister of Employment and Labour enacted the new Code of Good Practice on the Prevention and Elimination on Harassment in the Workplace.
It provides a zero-tolerance approach to all forms of workplace harassment, whether it’s on the basis of sex, gender, sexual orientation, or race.
On 10 December 2021, ruling the case Shoprite Checkers (Pty) Ltd v JL and Others, the Labour Court of South Africa stated that employers must take appropriate steps to investigate incidents of sexual harassment in the workplace.
The Court ordered to employer to pay a former employee 25,000 South African rand in damages for sexual harassment and to adopt a sexual harassment policy.
On 10 December 2021, ruling the case Shoprite Checkers (Pty) Ltd v JL and Others, the Labour Court of South Africa stated that employers must take appropriate steps to investigate incidents of sexual harassment in the workplace.
The Court ordered to employer to pay a former employee 25,000 South African rand in damages for sexual harassment and to adopt a sexual harassment policy.
On 10 December 2021, the National Minimum Wage Commission (NMWC) presented its report and recommendations on the annual review of the national minimum wage for 2022.
The majority of Commissioners, after considering the current economic state of the country and the impact of the COVID-19 pandemic on both employers and employees, recommends that the national minimum wage should be increased by 1,0% above inflation.