McCarthy Attorneys Inc

Navigating Employment Dismissals: Understanding Incapacity Vs Misconduct
07Feb

Navigating Employment Dismissals: Understanding Incapacity Vs Misconduct

In the intricate landscape of employment law, employers often grapple with whether or not to dismiss an employee. Two primary grounds for dismissal, incapacity and…

The National Minimum Wage Increased By 8.5% For 2024/2025
06Feb

The National Minimum Wage Increased By 8.5% For 2024/2025

According to Government Gazette No 50073, dated 2 February 2024, the National Minimum Wage will be adjusted from 1 March 2024. The increase will be…

A Step-by-step Guide: Registering For Workers’ Compensation
23Jan

A Step-by-step Guide: Registering For Workers’ Compensation

Ensuring the safety and well-being of employees is a top priority for businesses in South Africa. One essential aspect of safeguarding workers is the registration…

Everything you need to know about injuries on duty (Part Two)
03Dec

Everything you need to know about injuries on duty (Part Two)

How to claim compensation in terms of the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993 (COIDA)

Everything you need to know about injuries on duty (Part One)
20Nov

Everything you need to know about injuries on duty (Part One)

Workers who suffer injuries while on duty are entitled to compensation and support to help them recover and get back to work. The system for…

Labour Law Considerations When Selling A Farm
23Oct

Labour Law Considerations When Selling A Farm

Failure to follow the correct procedures upon the sale or purchase of a farm could lead to employees referring the dispute to the Commission for…

The Chairperson’s Responsibilities At a Disciplinary Enquiry
11Sep

The Chairperson’s Responsibilities At a Disciplinary Enquiry

The Chairperson at a Disciplinary Enquiry has specific responsibilities and obligations to comply with the procedural rules of an enquiry.  The Chairperson has several responsibilities: 

Dismissal For Insubordination
17May

Dismissal For Insubordination

Employees have a duty to obey the reasonable instructions of their employer. Failure or refusal to do so may amount to insubordination.

The Employment Equity Amendment Bill, 2020 – Easing The Regulatory Burden
29Apr

The Employment Equity Amendment Bill, 2020 – Easing The Regulatory Burden

The most notable amendment is the narrowing of the definition of “designated employer”, which now means that employers employing less than 50 employees, irrespective of…

Retrenchment and Severance Pay
28Mar

Retrenchment and Severance Pay

Severance pay is given to an employee where they are “dismissed for reasons based on the employer’s operational requirements." However, there are instances where an…

Misconduct in the workplace
07Mar

Misconduct in the workplace

Workplace disciplinary codes and policies usually set out the types of behaviour which will be considered unacceptable and further regulate the conduct of employees as…

The National Minimum Wage Increased By 9.6% For 2023/2024
22Feb

The National Minimum Wage Increased By 9.6% For 2023/2024

According to Government Gazette No 48094 dated 21 February 2023, the National Minimum Wage was adjusted from 1 March 2023.

Dashcam Footage As Evidence – More Than Just For Traffic Violations
22Nov

Dashcam Footage As Evidence – More Than Just For Traffic Violations

If video evidence is reliable and is obtained within the confines of the law, there is no reason why it should not be used and…

How To Present Evidence At A Disciplinary Hearing – Types Of Evidence
15Nov

How To Present Evidence At A Disciplinary Hearing – Types Of Evidence

Disciplinary hearings exist to either discipline or ultimately dismiss an employee. In either instance, the course of action must be justified, which is found when…

Alcoholism and the Workplace
17Oct

Alcoholism and the Workplace

Dealing with an employee who battles with alcoholism is frustrating and can destroy the employment relationship. Alcoholism, per se, does not constitute misconduct. It is being…

Dealing With A Drunk Employee
21Sep

Dealing With A Drunk Employee

The unfortunate appearance of drunkenness on duty does not only happen during the "silly season." Employers often call for advice on how to deal with an…

Fixed Term And Fixed Purpose Employment Contracts
23Aug

Fixed Term And Fixed Purpose Employment Contracts

A Fixed Term Employment Contract has a specific time period, with dates known to the employee. A Fixed Purpose Employment Contract is used when an…

Presenting Evidence In CCMA Matters: The Benefits Of Comprehensive Heads Of Argument
09Aug

Presenting Evidence In CCMA Matters: The Benefits Of Comprehensive Heads Of Argument

Appearing at the CCMA can be stressful. Proper preparation can alleviate a lot of that stress. Preparing comprehensive Heads of Argument is part of that…

Retiring Your Employees – Making The “Mature” Decision
19Jul

Retiring Your Employees – Making The “Mature” Decision

In South Africa, there is currently no legislated retirement age, although it is commonly accepted that one should retire between the ages of 60 to…

Sweeping the path to formalising the domestic worker sector: the effect of the compensation for occupational injuries and diseases amendment bill
05Jul

Sweeping the path to formalising the domestic worker sector: the effect of the compensation for occupational injuries and diseases amendment bill

The Compensation for Occupational Injuries and Diseases Amendment Bill (the “Bill”) introduced to Parliament in September 2020 introduces many changes that employers need to be aware of.…

Employers Preparing for the CCMA
20Jun

Employers Preparing for the CCMA

When this is necessary, the employer needs to ensure that they prepare themselves to be ready to go before the commissioner to present their case. 

Building Without Authority
10Jun

Building Without Authority

We have become increasingly aware of instances of employees (or ex-employees) and /or occupiers building without permission of the landowner. 

Problems and Solutions for Employee Accommodation
24May

Problems and Solutions for Employee Accommodation

All landowners, including farmers and owners of lifestyle properties, who live outside urban areas, are subject to the Extension of Security of Tenure Act (ESTA). Therefore, all…

What To Do About An Employee Who Is Incompetent?
19May

What To Do About An Employee Who Is Incompetent?

What happens when an employer can see that an employee is failing to attain the standard of performance required of them in their job?

New Code Of Conduct For Workplace Harassment: An End To Eye-rolling
30Apr

New Code Of Conduct For Workplace Harassment: An End To Eye-rolling

Many South Africans consult with a traditional healer instead of a ‘regular doctor’ for medical needs. Most employers in the professional sphere, would be reluctant…

“I’m Booked Off Work”, “By Who?” Says The Boss, “By My Traditional Healer” 
22Apr

“I’m Booked Off Work”, “By Who?” Says The Boss, “By My Traditional Healer” 

Many South Africans consult with a traditional healer instead of a ‘regular doctor’ for medical needs. Most employers in the professional sphere, would be reluctant…

When All Employees Are Equal, But Some Are More Equal Than Others – Justifiable Discrimination In The Workplace
22Mar

When All Employees Are Equal, But Some Are More Equal Than Others – Justifiable Discrimination In The Workplace

If an employer does this because of any of the grounds listed in section 6(1) of the EEA (including gender, age, disability, religion etc.), it…

Covid Injection Or Employment Ejection: Dismissing Unvaccinated Employees
08Mar

Covid Injection Or Employment Ejection: Dismissing Unvaccinated Employees

A question that has been asked by many employers recently has been whether an employee can be dismissed for refusing to be vaccinated in South…

Trade Union Organisational Rights In The Workplace
21Feb

Trade Union Organisational Rights In The Workplace

With unions come their organisational rights, which are rights that a registered trade union may exercise in a workplace to enable the union to organise…

The National Minimum Wage Increased By 21.5% For Domestic Workers For 2022/2023
17Feb

The National Minimum Wage Increased By 21.5% For Domestic Workers For 2022/2023

The South African National Minimum Wage will be adjusted from 1 March 2022. The increase for domestic workers will be 21.5%.

Digital Assets In Your Estate Plan
25Jan

Digital Assets In Your Estate Plan

Why digital property must be taken into account in your estate plan.

The Doctrine Of Common Purpose: When Strikers Unite
18Jan

The Doctrine Of Common Purpose: When Strikers Unite

The doctrine of common purpose holds that where two or more people agree to commit a crime, each person will be responsible for the other…

Festive Season Closures
07Dec

Festive Season Closures

Please note that our offices will be closed from 23 December 2021 and re-open on 4 January 2022.

Oh Dam! Fines For Not Having A Water Use License
06Dec

Oh Dam! Fines For Not Having A Water Use License

Unfortunately, some only come to realise this too late, as experienced by many farmers who have built dams without the necessary water use licence.

Bona Fides And Affidavits In Summary Judgment
03Dec

Bona Fides And Affidavits In Summary Judgment

This case illustrates the importance of honesty with courts and that while “even a tersely stated defence” may be sufficient, it does not derogate from…

Gazetting Of Long-Standing Labour Tenant Claims
01Dec

Gazetting Of Long-Standing Labour Tenant Claims

The process of processing and finalising the claims has been slow despite a twenty-year time-lapse, and many labour tenancy applications have yet to be finalised.…

Depression & Dismissal – A Recent Decision
23Nov

Depression & Dismissal – A Recent Decision

The prevalence of depression in the workplace was highlighted in the recent case of Legal Aid South Africa v Jansen [2020] JOL 47984 (LAC), wherein…

How To Choose An Executor
08Nov

How To Choose An Executor

No matter how thorough your estate plan is,  choosing the right person to carry out your final wishes is one of the most critical aspects. It can be challenging…

Have You Updated Your Will Lately?
16Oct

Have You Updated Your Will Lately?

A startling statistic is that more than 70% of South Africans don't have a will. This is very disturbing because when someone dies without a…

PAIA Manuals – What You Need To Know
07Oct

PAIA Manuals – What You Need To Know

It is also crucial to note that substantial provisions contained in the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (“POPIA”) have…

COVID Policies and Dismissal
22Sep

COVID Policies and Dismissal

A question that has been circulating since the beginning of the pandemic is whether you can be dismissed for not complying with your workplace COVID-19…

What to Do About Incapacity or Ill Health of an Employee
15Sep

What to Do About Incapacity or Ill Health of an Employee

What happens when one of those valuable employees develops chronic ill health due to age or circumstances?

POPIA, Employees And Employment Contracts
19Aug

POPIA, Employees And Employment Contracts

Employers will inevitably collect or already have personal information about their employees on file or stored electronically. With the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”) now in force,…

Getting The Boot For Your Loot: Can An Employee Be Dismissed For Taking Part In Violence Or Looting?
12Aug

Getting The Boot For Your Loot: Can An Employee Be Dismissed For Taking Part In Violence Or Looting?

An employee's conduct outside of their workplace and ordinary work hours is not subject to the control or authority of their employer. Ordinarily, facing disciplinary proceedings…

UIF Contribution Ceiling Increase And Pension Fund Withdrawal Increase
20Jul

UIF Contribution Ceiling Increase And Pension Fund Withdrawal Increase

Recently, changes have been made to the regulations regarding the capped amounts of contributions to be made to the UIF on the one hand and…

The Land Court bill
06Jul

The Land Court bill

The Land Court Bill (the “Bill”) has recently been published for comment, with its purpose set to establish and regulate a Land Court and a…

The Cybercrimes Act: Eyes And Ears Are Everywhere
23Jun

The Cybercrimes Act: Eyes And Ears Are Everywhere

With the Cybercrimes Act of 2020 (the “Act”) recently being signed into law by President Cyril Ramaphosa, South Africa now stands on par with similar…

POPIA Compliance
08Jun

POPIA Compliance

With the one-year grace period for ensuring compliance with the Protection of Personal Information Act No. 4 of 2013 (POPIA) coming to an end on…

Prescription Of Debt
01Jun

Prescription Of Debt

Prescription is a legal term that means that the prescribed time period to institute legal proceedings against a debtor has lapsed. It is thus not…

Labour Inspections And Non-Compliance Detections
13May

Labour Inspections And Non-Compliance Detections

The Department of Labour conducts workplace inspections through labour inspectors to ascertain an employer’s compliance with labour legislation, the most important legislation being contained in…

Permanent Or Not, All Employees Are Equal Before The Law
19Apr

Permanent Or Not, All Employees Are Equal Before The Law

The appeal of fixed-term and fixed-purpose contracts is to fill a temporary gap in the workplace without having to hire a full-time employee. Because of…

Changes To The Employee Retirement Age
13Apr

Changes To The Employee Retirement Age

The age at which an employee may retire is usually stipulated in their employment contract. Factors relating to the employee’s industry and the employer’s policies…

National Minimum Wage Exemption Process
24Mar

National Minimum Wage Exemption Process

Whilst the National Minimum Wage Act prescribes minimum wages for all workers, the Act also makes provision for an employer or an employers' organisation, acting on behalf…

Locked Down At Home But Not Out Of The Workplace – A Case On An Employee’s Refusal To Return To Work During The Lockdown
10Mar

Locked Down At Home But Not Out Of The Workplace – A Case On An Employee’s Refusal To Return To Work During The Lockdown

Employees are obliged to respect and obey their employers because lack of respect renders the employment relationship intolerable and disobedience undermines the employer’s authority.

Employee Earnings Threshold And The Basic Conditions Of Employment Act
11Feb

Employee Earnings Threshold And The Basic Conditions Of Employment Act

The Minister of Employment and Labour announced the new earnings threshold for employees will be adjusted to R211,596.30 (R17,633 per month). This adjustment means that…

National Minimum Wage Increased by 16% For Farmworkers for 2021/2022
10Feb

National Minimum Wage Increased by 16% For Farmworkers for 2021/2022

According to Government Gazette No 44136 dated 8 February 2021, the National Minimum Wage will be adjusted with effect from 1 March 2021. The increase…

Giving Evidence At A Disciplinary Enquiry
04Feb

Giving Evidence At A Disciplinary Enquiry

In order to hold an effective disciplinary enquiry, proper preparation must take place. It is the duty of the person in charge of prosecuting the…

The Chairperson’s Role At A Disciplinary Enquiry
25Jan

The Chairperson’s Role At A Disciplinary Enquiry

There comes a time in every organisation when it is necessary to hold a disciplinary enquiry. It is important to note that the Chairperson at…

Workplace Injuries and Illnesses: Domestic Workers Now Covered For Compensation
15Jan

Workplace Injuries and Illnesses: Domestic Workers Now Covered For Compensation

The Constitutional Court has declared parts of the Compensation for Occupational Injuries and Diseases Act (COIDA) unconstitutional in their exclusion of domestic workers from the…

Festive Season Closures
28Nov

Festive Season Closures

Please note that our offices will be closed from 23 December 2020 and will re-open on 6 January 2021. If you need to get hold…

Cannabis In The Workplace
28Nov

Cannabis In The Workplace

Since the Constitutional Court judgement in 2018 pronouncing it is legal to consume, possess and grow a certain amount of cannabis “in private”, the Cannabis…

Gone Before You’ve Left – Resigning After Being Disciplined, But Before A Sanction Is Given, And An Employee Resigning Without Giving Notice
28Nov

Gone Before You’ve Left – Resigning After Being Disciplined, But Before A Sanction Is Given, And An Employee Resigning Without Giving Notice

It often occurs that before disciplinary action being taken against an employee, they will resign with immediate effect in the hopes of circumventing dismissal for…

No Work, No Pay … What Do They Say?
24Nov

No Work, No Pay … What Do They Say?

With the lockdown restrictions and ensuing novel workplace closures and limitations, one of the most prevalent questions asked by both employers and employees has been…

Expropriation Bill Another Step Closer To Becoming A Reality
26Oct

Expropriation Bill Another Step Closer To Becoming A Reality

The 2020 Expropriation Bill has been put before Parliament for consideration. If passed, it will replace the current Expropriation Act of 1975, which current Act will be deemed unconstitutional.  Of the…

Developments In Preventing And Eliminating Violence And Harassment In The Workplace
20Oct

Developments In Preventing And Eliminating Violence And Harassment In The Workplace

A Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work was published for comment on the 20th of…

Employee Deviation And An Employer’s Vicarious Liability
12Oct

Employee Deviation And An Employer’s Vicarious Liability

Vicarious liability is a common-law doctrine whereby an employer is considered liable for the unlawful or delictual acts or omissions of an employee performed during the course and scope of their…

What Employers Need To Know About The Draft Employment Equity Amendment Bill
20Sep

What Employers Need To Know About The Draft Employment Equity Amendment Bill

The Minister for Employment and Labour has published a Draft Employment Equity Amendment Bill, which proposes specific targets as far as affirmative action is concerned,…

Claiming COVID-19 Benefits From The Compensation Commission
14Aug

Claiming COVID-19 Benefits From The Compensation Commission

Employees who become infected with COVID-19 at their place of employment, or whilst carrying out their duties as an employee, can claim for compensation for…

Virtual Retrenchment Consultations
11Aug

Virtual Retrenchment Consultations

The Labour Court in Food and Allied Workers Union (FAWU) v South African Breweries (SAB) held that where an employer offers to consult in the…

Good news for landowners defending ‘vexatious’ land claims
16Jun

Good news for landowners defending ‘vexatious’ land claims

“South African landowners who previously had to personally foot the bill for legal fees to successfully defend themselves against vexatious or frivolous land claims, will…

Land Claims Court comes down hard on state-paid lawyers
28Apr

Land Claims Court comes down hard on state-paid lawyers

Private-sector attorneys and advocates who are paid by the state to assess the merits of land claims, and where necessary, pursue these cases in the…

Claiming COVID-19 Benefits-UIF
16Apr

Claiming COVID-19 Benefits-UIF

The Unemployment Insurance Fund will compensate affected workers through a new “National Disaster Benefit” and its existing Illness, Reduced Work Time, and Unemployment benefits. The…

Taking A Payment Holiday VS Claiming Against Credit Insurance
16Apr

Taking A Payment Holiday VS Claiming Against Credit Insurance

The arm of the COVID-19 pandemic has stretched across our nation and has gripped not only the people of South Africa but their pockets as…

COVID-19 And Compliance With The Occupational Health And Safety Act (OHSA)
24Mar

COVID-19 And Compliance With The Occupational Health And Safety Act (OHSA)

With the arrival of the Coronavirus (COVID-19) pandemic in South Africa, President Cyril Ramaphosa addressed the nation on the 15th of March 2020 and provided…

Landmark Judgement In Land Claims Case
20Mar

Landmark Judgement In Land Claims Case

In a remarkable turn of events, after working for fourteen years representing a group of landowners from the Karkloof area in defending a land claim…

Coronavirus (COVID-19): Health & Safety Measures In The Workplace
20Mar

Coronavirus (COVID-19): Health & Safety Measures In The Workplace

In order to curb the spread of the coronavirus, President Cyril Ramaphosa, in his recent address to South Africa, implemented certain preventative measures and provided…

Judge Bars Lawyers From Collecting Fees For “Vexatious” Land Claim Case
20Mar

Judge Bars Lawyers From Collecting Fees For “Vexatious” Land Claim Case

A 14-year land claim legal battle has ended in a loss for the claimants and an extraordinary court order barring their lawyers from claiming any…

The National Minimum Wage Amendment – Government Gazette, 17 February 2020, Number 43026
21Feb

The National Minimum Wage Amendment – Government Gazette, 17 February 2020, Number 43026

The Minister of Employment and Labour has announced the new National Minimum Wage. According to the Government Gazette, No. 43026, published on 17 February 2020,…

Dismissal For Incapacity On The Basis Of Ill Health
19Feb

Dismissal For Incapacity On The Basis Of Ill Health

In the recent case of  Parexel International (Pty) Ltd v Chakane and Others [2019] 11 BLLR 1245 (LAC), the Labour Appeal Court had to decide whether…

Gazetting Of The Draft Expropriation Bill 2019 And Comment Period
16Jan

Gazetting Of The Draft Expropriation Bill 2019 And Comment Period

The draft expropriation bill has been published in the Government Gazette on 21 December 2019. The Gazetting of the draft bill means that the 30-day…

Court Orders Compelling Police To “Do Their Job”
28Nov

Court Orders Compelling Police To “Do Their Job”

I quote from, “Legalbrief LSAA Weekly 389 News for the week of 9 to 15 November 2019” the following: “the SAPS has been taken to…

2 Major New Laws That Every South African Needs To Know About
22Oct

2 Major New Laws That Every South African Needs To Know About

CYBERCRIMES BILL The bill focuses mostly on criminalising the theft and interference of data and has introduced some new laws surrounding any “malicious” electronic communication.…

Concourt Orders Government To Expedite Labour Tenancy Claims
16Sep

Concourt Orders Government To Expedite Labour Tenancy Claims

In recent interviews with E-news and Farmer’s Weekly (Dealing with the bias in SA’s labour Tenancy Claims system), land and labour law specialist, Rob McCarthy comments…

Advice On Dealing With The Bias In SA’s Labour Tenancy Claim System
05Aug

Advice On Dealing With The Bias In SA’s Labour Tenancy Claim System

Based on his extensive experience in representing mostly KwaZulu-Natal landowners in labour tenancy claims lodged against them, attorney Rob McCarthy of McCarthy & Associates believes…

Preparation Of New Employment Equity Plans For The Period 2019 To 2024
05Aug

Preparation Of New Employment Equity Plans For The Period 2019 To 2024

Any current Plans expire on 31 August 2019, which means that a new Plan must be prepared in accordance with the Code of Good Practice…

NEWSFLASH : Training Reports & Workplace Skills Plan – Submission Dates
12Apr

NEWSFLASH : Training Reports & Workplace Skills Plan – Submission Dates

In terms of the Skills Development Act, 1998 (Act No. 97 of 1998), and the Skills Development Levies Act, 1999 (Act No. 9 of 1999),…

National Minimum Wage INSPECTIONS
25Feb

National Minimum Wage INSPECTIONS

The Department of Labour’s Inspection and Enforcement Services (IES) branch says it will embark on a National blitz campaign in February to assess the levels of compliance…

Draft Expropriation Bill 2019
25Feb

Draft Expropriation Bill 2019

Purpose:   To allow for the expropriation with and without compensation for a public purpose or interest such as the nation’s commitment to land reform. The Government…

Domestic Worker Minimum Wage
16Jan

Domestic Worker Minimum Wage

Employers of domestic workers are advised that the minimum wage due to domestic workers has now been increased. The new rates will be accurate until the Department of Labour publishes…

The National Minimum Wage Act, 2018
17Dec

The National Minimum Wage Act, 2018

The National Minimum Wage Act comes into effect on the 1st January 2019. The new minimum wage rate, which is applicable from the 1st of…

LABOUR TENANT CLAIMS
21Nov

LABOUR TENANT CLAIMS

We have received numerous requests from clients to assist in opposing labour tenant claims made against their properties. Many such claims in terms of sections 16 and 17 of the Land…

Submission of 2017/2018 Employment Equity Reports
18Nov

Submission of 2017/2018 Employment Equity Reports

The Labour Court has been issuing enormous fines if the Department of Labour is of the opinion that an employer is even the slightest bit…

Giving Evidence at a Disciplinary Enquiry
15Oct

Giving Evidence at a Disciplinary Enquiry

In order to hold an effective disciplinary enquiry, proper preparation must take place. It is the duty of the person in charge of prosecuting the…

McCarthy and Associates, Now on You Tube

Welcome to the McCarthy & Associates Attorneys You Tube Channel. McCarthy & Associates Attorneys are specialists in labour and land law. Find out more about…

DRAFT LAND TENURE SECURITY BILL “2011”

IMPORTANT A new Bill has been drafted specifically to deal with the rights of people who live and work on farms. It is very important that…

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