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HR Latest Articles- Global Business Solutions is a leading Labour Law, Human Resources(HR) and Industrial Relations consultancy offering a diverse range of services aimed at empowering businesses to achieve their objectives. Established in 1989 Global has developed a wealth of experience and expertise in the fields of business consultancy solutions, project management, B-BBEE, the full spectrum of Human Resources and private and public training (SETA accredited training provider).

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Life Is A Team Sport

I remember the first working day of 2018. Then I blinked and we find ourselves in April! Everyone I speak to mentions how hectic things are and how fast the year seems to be moving. In a fast-paced world, how do we make sure that we get through our reams of to-do...

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Proposed amendments to the B-BBEE Codes of Good Practice

The amended Codes of Good Practice were issued in October 2013 and implemented in May 2015. On 29 March 2018 the dti issued Government Gazette 41546 which deals with amendments to these codes, specifically statement 000 to code series 000 (General Principles) and...

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Get to know your Codes of Good Practice

by Marianne Gradwell Our labour laws are not always very descriptive when it comes to practical workplace implementation.  For this reason, the Minister of Labour, after consulting with the National Economic Development and Labour Council (NEDLAC), may issue Codes of...

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2018/19 Discretionary Grant Window

[vc_row][vc_column][vc_column_text]CATHSSETA has opened the Discretionary Grants 2018/19 window, which will close on 15 January 2018. All information about this window is available on the CATHSSETA website. The deadline for the Services Seta Discretionary Grant Window...

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What does the Employment Equity Act say about Disability?

by Thembi Chagonda The Employment Equity Act (EEA) – section 2(1) – prohibits unfair discrimination against individuals who suffer from disabilities. The Act specifically states the following: “No person may unfairly discriminate, directly or indirectly, against an...

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Wage Settlement Update 2017

With the inflation rate not stopping its upward creep, the price of goods and services naturally must increase to keep up with this. Thus, during wage negotiations, and resulting wage settlement agreements, it is necessary to ensure that these discussions are very...

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Strike violence: A solution

  Since the travesty that befell the country in 2012 with the Marikana incident, South Africa has been described as an extremely strike-prone country with many attendant losses. For example, insurer Sasria recorded claims of nearly R900 million most of which were...

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War of words on social media

Earlier this year, we wrote about how social media can become a veritable minefield for you the employer. We also advised that you need to have a social media policy in place in addition to instituting training sessions about social media with your staff. (Click here...

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SETA Grant Case

  The Labour Appeal Court (LAC) has dismissed - with costs - the appeal by the Minister of Higher Education and Training against the original judgement granted in BUSA’s favour in 2015. This follows a long series of court processes where the appeal was lodged...

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Why You Must Know about the Economically Active Population

If you’re a designated employer and, as such, you need to present an employment equity plan, you need to be very aware of what the term “economically active population” means. What is Meant by “Economically Active Population”? According to the Organisation for...

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Equal Pay: Gender Pay Gaps

by Natalie Singer A recent marketing tactic by car manufacturer Hyundai, offering South African women buyers a R27 000 discount on a new vehicle purchase because they earn 27% less than men, was hit by a flurry of social media responses arguing against this “fact”....

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How to work with independent contractors correctly

We all know that the world of work is changing. More and more employers are using independent contractors and freelancers to fulfil the function of traditional full-time employees. However, as we’ve written previously, these individuals do not fall under labour law....

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What is An Unfair Labour Practice?

Basson, Cristianson, Dekker, Garbers, Le Roux and Strydom (2009) – in Essential Labour Law: Fifth Edition 2009 – state that an unfair labour practice is defined in section 186(2) of the Labour Relations Act (LRA) as: “any unfair act or omission that arises between an...

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Substantive Fairness and Temporary Employment Services

For a dismissal to be valid, it needs to be both procedurally and substantively fair. (To read more about what “substantive fairness” is read our article entitled What Is Considered To Be ‘Fair’ in a Disciplinary Hearing?) Temporary Employment Services (TES) have been...

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Labour Law Newsflash 11 of 2017

by Jonathan Goldberg and Grant Wilkinson Welcome to the next edition of the Labour Law Newsflash Welcome to the next edition of the Labour Law Newsflash Labour Law is all about fairness. You need to act fairly as an employer and it is also vital to be seen to be...

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The Importance of Procedural Fairness in Dismissals

In the article, What Is Considered To Be ‘Fair’ in a Disciplinary Hearing?, we discussed the conditions necessary for a disciplinary hearing to be considered to be fair. What this means is that  to pass muster, a disciplinary hearing must possess the quality of...

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How to establish effective working relationships with SETAs

by Menet Hamel Serving 3 Masters (Employer, SETA and QCTO) The secret to serving both the employer and SETA, as well as Quality Assurance Providers for those employers who are registered training providers, is to keep the big picture in mind. In other words, skills...

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The Essential Elements of an Employment Contract

The employment contract - that is entered into between employer and employee - signals the beginning of an employment relationship.  There are a number of essential elements that a contract of employment is based on that are useful for employers to know before they...

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Fronting: The Shameful Side of B-BBEE

Section 22 of the Constitution of the Republic of South Africa states that every citizen of the Republic  has the right to choose their trade, occupation or profession free from encumbrances. In other words, there should not be anything preventing them from taking...

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How you will benefit from having EQ-savvy employees

For many years, IQ - intellectual quotient - was the standard measure of a person's worth in an organisation or career. It's now been realised that EQ - or your emotional quotient - is just as important as your IQ is. This is in terms of success in the business world....

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What is Section 189 of the Labour Relations Act?

This morning, it was reported in the media that ProductivitySA has called for Section 189 of the Labour Relations Act (LRA) to be amended. This section - which sets out the guidelines for retrenchment procedures - currently limits the parties who must be consulted to:...

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Sick notes: What does the law say?

by Jonathan Goldberg and Grant Wilkinson The issue of sick notes has been in the news recently with an individual – purporting to be a doctor – selling sick notes. With the validity of such certificates being called into question, how can you – as an employer – tell...

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What is a Section 197 Transfer?

The Labour Relations Amendment Act (LRAA) 127 of 1998 introduced the concept of Section 197 transfer. This was done to, among others, protect the employment of people in companies which are, for example, being sold or transferred. This article will give you a bit more...

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Employment Equity Reporting is Now Open

By Thembi Chagonda This is an opportunity for companies - who are designated employers - to ensure they comply with EEA legislation. Employment Equity reporting is now open. In addition, this is an opportunity for companies - who are designated employers - to ensure...

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The Art of Taking Effective Minutes in a Meeting

A meeting – if not conducted correctly – can waste a lot of time. And when we say a lot, we mean A LOT… It is possible that people could spend a lot of time speaking about subjects that are not related to the subject matter of the meeting or sharing colloquial...

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How You Can Improve Your Leadership Brand

'Leadership' can be a very nebulous term in the hands of many. An often-used term, leadership rolls easily off the tongues of a number of us but do we really know what a leadership brand is? What Is Leadership? Kevin Kruse - who founded LEADx.org - gives a definition...

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What is the Quality Council for Trades and Occupations?

The Quality Council for Trades and Occupations - or QCTO - was established in 2010. It is a quality council which was established in terms of the Skills Development Act No. 97 of 1998 (hereinafter referred to as the SDA.). Read on to find out what it stands for. What...

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How Does Black Ownership Affect Preferential Procurement?

by Richard Ryding There has been a huge amount of pressure on organisations to not only become BEE compliant, but to have a certain rating on their B-BBEE certificate. Many companies are also putting pressure on their suppliers to improve levels of black ownership....

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What Is An Automatically Unfair Dismissal?

A dismissal can take a number of forms. These categories are dismissals for misconduct, incapacity (ill health or poor performance) and operational requirements.  In addition, a dismissal can also be automatically unfair. In the latter category, it is not necessary to...

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How To Develop Essential Workplace Communication Skills

In a business environment, you are only as good as your communication skills. This applies to both your verbal, written and non-verbal communication skills. Thus you need to ensure that these are top notch. Here's how to accomplish this. How To Develop Great Verbal...

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The rise of the gig worker

by Jonathan Goldberg and Grant Wilkinson Today’s workforce is changing at a rate of knots. We are about to dive, head first, into the Fourth Industrial Revolution, where many are anxious that the ‘robots’ will take over  many existing jobs. With this change a new...

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What Is An Exempted Micro Enterprise?

Last week, we introduced the concept of B-BBEE. In addition, we looked at the foundations or pillars of B-BBEE. Fundamental to this are two terms: Emerging Micro Enterprise (EME) and Qualifying Small Enterprise (QSE). The Definition of an Exempted Micro Enterprise An...

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What Is Meant By Unfair Discrimination?

Last week, we looked at who designated groups are in terms of the Employment Equity Act (EEA). We also discussed the notion that discrimination can be both fair and unfair. In this article, we looked at fair discrimination, specifically inherent requirements of the...

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What Constitutes Sexual Harassment?

According to Statistics SA’s 2016 Demographic and Health Survey, one in five women over 18 have suffered a gender-based attack. (This category includes sexual harassment.) One of the most common places that this type of gender-based attack takes place is in the...

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National Minimum Wage: Updates

We reported in February that Deputy President, Cyril Ramaphosa, had announced a National Minimum Wage for South Africa. This would take effect on 1 May 2018. The NMW would work out to be R20 per hour for a 40-hour week. These are still valid. However, there have been...

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Equal Pay: Internal vs. External Parity

By Natalie Singer There seems to be some confusion in the marketplace when it comes to determining the point of comparison for equal pay. To what should pay be equal? For some, the immediate thought would be that pay should be linked to market value. And this happens...

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What Is The B-BBEE Act?

Broad-Based Black Economic Empowerment (B-BBEE) first became known in 2003 when the B-BBEE Strategy was published. This set the context for B-BBEE Act, No. 53 of 2003. This Act concretised the prerogative of advancing economic transformation and ensuring that Black...

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How To Become The Manager Everyone Loves

Everyone can – and should – be a leader in their own right. However not many can be a manager - the manager everyone loves... Surely this isn’t correct? Here’s why we say that everyone can be a leader but not everyone can be a manager. Who Is The Manager Everyone...

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Why we need women in the workplace

by Marianne Gradwell The history of Women’s Day For many, it is simply another public holiday to enjoy at leisure (and for which we are truly grateful), but this day finds itself on our public holiday calendar as a tribute to the 20 000 women who marched to the Union...

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Who are designated employers?

In a previous article, we outlined who must comply with the Employment Equity Act (EEA). One of these groups of people are ‘designated employers’. In this article, we’ll unpack who designated employers are and what are, if any, the specific requirements pertaining to...

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The secret to the Skills Development Act

Pre-1994, South Africa was characterised by non-inclusion of most of the population. Thankfully, after our first democratic elections several pieces of legislation were enacted to rectify the wrongs of the past. The Skills Development Act 97 of 1998 (SDA) and the...

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Labour Newsflash Edition 8

by Jonathan Goldberg and Grant Wilkinson Welcome to the next edition of the labour law newsflash. At Global Business Solutions, we pride ourselves on providing cradle-to-grave solutions.  Our aim is to give you advice and training that make sense to your organisation...

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Who must comply with the Employment Equity Act?

We, in South Africa, have the privilege of enjoying a Constitutional democracy, something that we weren’t privy to before our first democratic elections in 1994. At the heart of this Constitution is section 9 of the Bill of Rights which prohibits inequality being...

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The reasonable person concept and its relevance to you

The idea of the reasonable person is a fundamental legal concept. This is an objective standard. In other words, it is not subject to change depending on the person you are speaking to. It is thus applicable to everyone. As an employer, it is very important for you to...

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Equal Pay for Work of Equal Value

On the website of the Sowetan newspaper -  on Sunday 23 July 2017 - it was reported that employees at South African Police Services’ (SAPS) 10111 call centre were not being paid in accordance with the Equal Pay For Equal Work doctrine which is prescribed by the...

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Double check your employees’ qualifications

With the recent spate of fraudulent qualifications having surfaced among high-ranking members of South African state-owned enterprises, the requirement of checking that your employees have the qualifications they say they have is crucial. You, as an employer, are...

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All you need to know about the UIF amendments

In March 2017, the Minister of Labour, Mildred Oliphant, amended the scale of Unemployment Insurance Fund (UIF) benefits. These changes took effect on 1 April 2017. Read on to find out how these will affect you. Claims from the UIF can be made for longer Prior to...

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What you say on social media could get you into hot water

Social media’s omnipotence in the workplace has become clear through its utilisation for business as well as personal purposes. Sadly, employees’ personal engagements often have a negative impact on their employers if these engagements are defamatory and the...

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The importance of Collective Agreements during Strikes

As the right to strike is enshrined in the Constitution of the Republic of South Africa (Act 108 of 1996), you cannot prevent your workers from going on strike. (Yes, non-unionised workers can also go on strike if a union who is recognised in that workplace has issued...

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Labour Newsflash Edition 7

by Jonathan Goldberg and Grant Wilkinson Welcome to the next edition of the labour newsflash. Thank you all for your support at our Mid-Year Labour Law Update. This year proved to be the most well-attended national run in the history of the seminar. This would not...

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What is the state of your organisation’s transformation?

by Thembi Chagonda Employment Equity reporting is once again upon us, and this time with much more emphasis on transformation than ever before. There is much more awareness and consciousness of the lack of progress at top, senior and middle management positions. This...

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Avoiding the Pitfalls of Equal Pay

By Natalie Singer The concepts of Equal Pay for Work of Equal Value can seem overly simplistic and in my engagements with organisations on the subject, many of them believe that their current policies and procedures “cover them”. However, in the process of conducting...

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Developments in B-BBEE

  by Richard Ryding Thresholds for Major B-BBEE Transactions The Department of Trade and Industry published Government Gazette number 40898 on 9 June 2017 which set out the final thresholds for the registration of Major B-BBEE Transactions with the BEE...

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Labour Law Update 6

by Jonathan Goldberg and Grant Wilkinson Welcome to the next edition of the Labour Newsflash. This week started with the unfortunate announcement that South Africa’s unemployment rate has hit a 13 year high of 27.7%. This unemployment rate is the highest since...

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Emotional Intelligence

by Robyn Evans In 1996 a gentleman by the name of Daniel Goleman published a book and popularised the concept of Emotional Intelligence (a term created by two researchers- Peter Salavoy and John Mayer). He dubbed it “the other kind of smart”. Several years on and we...

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Various B-BBEE Related Matters

by Richard Ryding Commission for Employment Equity – Annual Report The Commission for Employment Equity (CEE) annual report for the 2016 – 2017 financial year was released earlier this month. For B-BBEE purposes, this report is of interest as it is our source of...

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Are we getting training right?

by Menet Hamel Many of us as employers have just successfully submitted our mandatory grant submissions, or rather our Workplace Skills Plan and Annual Training Reports, to our relevant SETAs (Sector Education and Training Authorities). However, have you stopped to...

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The 17th Annual Commission for Employment Equity Report

by Thembi Chagonda The 17th Annual Commission for Employment Equity (CEE) report was released yesterday, 9 May 2017. Compared to previous years' reports, little progress has been made over the past 12 months. Whilst there seems to be more companies aware of Employment...

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Time to stop negotiating salaries with new employees?

By Natalie Singer The advent of Equal Pay for Work of Equal Value legislation means that companies need to pay closer attention, not just to their remuneration policies and pay scales, but to the practices that exist within their businesses each time a line manager is...

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Finding solutions to SA’s Labour Market Challenges

by Jonathan Goldberg and Natalie Singer The second annual employment conference hosted yesterday by Global Business Solutions (GBS) at Emperor’s Palace was an enormous success with feedback from the more than 120 delegates bearing testament to the relevance of the...

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Employment Equity Compliance: Reporting Obligations

by Thembi Chagonda   Although many employers have already submitted their Employment Equity reports, due by 15 January 2017, those that missed the deadline will be regarded as non-compliant in respect of Section 21 of the EEA. It should further be noted that...

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Various Short B-BBEE Issues

by Richard Ryding   B-BBEE reporting by Listed Entities The B-BBEE regulations require companies listed on the JSE to report annually on their B-BBEE compliance to the B-BBEE Commission. Such reporting must take place within 90 days of financial year end, or if...

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The Amended Forestry Sector Code

by Richard Ryding The Amended Forestry Sector Code (AFSC) was gazetted in Gazette 40803 dated 21 April 2017. It was signed by the Minister of Trade and Industry on 4 November 2016, so it has taken nearly 6 months from date of signature to gazetting? Who knows how many...

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Labour Newsflash 3

by Jonathan Goldberg and Grant Wilkinson   Welcome to the third edition of the labour newsflash for 2017. In practice we often are aware that practitioners try to compartmentalise the various aspects of HR/IR and away from the operational business model. At...

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Labour Newsflash 2

by Jonathan Goldberg and Grant Wilkinson Welcome to the next edition of the labour newsflash. At the time of writing, South Africa was still coming to grips with the implications of the State of the Nation Address and we were waiting to see how this then impacted on...

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Skills Development: Important Updates

by Menet Hamel Welcome to the first skills mailer for 2017 and what a start we’ve had to this year already, with draft proposals to the NQF Act which will see private training providers having to register with the DHET, to the re-establishment of all SETAs as well as...

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National Minimum Wage Announcement

by Jonathan Goldberg and Grant Wilkinson It was recently announced by Deputy President Cyril Ramaphosa that the constituencies had agreed on the introduction of a National Minimum Wage (NMW).  This Minimum Wage will be set at R20 per hour, which will come into effect...

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Is African Engagement Poised for Take-Off?

by Pat Smythe, Ph.D., executive chairman of Emergence Growth in South Africa   Emergence Growth, a partner of Global Business Solutions, recently published the results of its fifth annual Africa Employee Engagement Survey. The research from over 600 organisations...

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Procurement Regulations

by Richard Ryding As the largest procurer of goods and services in South Africa, procurement is Government’s transformation driver. Government wants suppliers to obtain B-BBEE certificates to enforce transformation requirements of the B-BBEE codes.   As such, the...

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Year End Message

2016… what a year!  Brexit, then Donald Trump!  All unpredicted worldwide economic events. On the local front, the proposal of a minimum wage at a rate of R3500 per month with a number of unanswered questions including collective bargaining and sectoral determinations...

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Skills Development Update

In July 2016, we provided you with an update on the litigation brought by BUSA to challenge the change in the mandatory grant payment from 50% to only 20% of employer’s 1% skills development levy. We would like to provide you with a further update regarding this...

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Newsflash: The National Minimum Wage

A panel of advisors has proposed a National Minimum Wage (NMW) of R3,500 per month which is equivalent to R20 per hour. This figure has received mixed reactions, no doubt fanned by the inevitable dilemma:  One would never have enough to be enough but that figure may...

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