In this month’s instalment, our team highlights key changes to employment laws and what they mean for employers. We also discuss the Supreme Court’s recent ruling holding that Deliveroo riders do not have an “employment relationship” for trade union recognition purposes, a decision which will be of particular interest to the gig/platform economy. We also highlight the Employment Appeal Tribunal’s recent ruling that engaging in a grievance or appeal procedure is not likely to affirm the employment contract.
1. Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023
On 8 November 2023, the government published the draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, which are expected to come into force on 1 January 2024. The Regulations contain significant changes to existing legislation. Employers will need to consider the implications for their business and make any necessary changes ahead of the anticipated effective date. We consider the key changes below.
Holiday pay to include overtime and commission
Currently, employees have two separate holiday entitlements:
Pursuant to EU case law, the four weeks’ leave based on EU law must be paid at ‘normal’ pay, which means including regular overtime and commission in the calculation. The additional 1.6 weeks’ leave can generally be paid at basic pay only.
As we discussed in...
Image: Facebook/SAPS The IDAC has rubbished rumours that it has a J50 warrant of arrest for KZN provincial police commissioner Lieutenant-General Nhlanhla Mkhwanazi as “false”. This comes after re...