In Seopa v Imperial Cold Logistics (Pty) Ltd and Others (9 February 2018), the Labour Court had to decide whether an employer was in contempt of court if it re-employed an employee rather than reinstated him, as envisaged by the arbitration award.
The current South African Revenue Service (SARS) IRP3(a) Completion Guide, which aids employers in completing tax directive applications for their employees, appears to introduce a distinction between voluntary and involuntary severance benefits.
Currently, South African employment laws provide minimum entitlements to specified leave types for all employees, such as annual leave, sick leave, family responsibility leave, and unpaid maternity leave of four months for female employees.
The interpretation of a “month’s notice” in a termination clause and whether a qualifier, such as a “calendar month’s notice”, bears any significance, has been the subject of debate in our law for some time.
There is no requirement in any South African labour legislation, including the Labour Relations Act, 66 of 1995 and the Basic Conditions of Employment Act, 75 of 1997, that an employer must host a Christmas party or provide an end of year function for employees.