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Article 20/2023

What is the effect of the BCEA Amendment Act 2018 on the dispute-resolution path for monies owed in terms of the National Minimum Wage Act, a contract of employment, sectoral determination or collective agreement?

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Scenario 1: if the employee or worker earns above the threshold, so established in terms of s6(3) of the BCEA (currently R224 080.48)

  • in such instance, the employee or worker has various alternative dispute avenues, namely, the labour court, or the high court, or the magistrates’ court, or the small claims court

Scenario 2: if the employee earns below the aforesaid threshold

  • in such instance, the only dispute-resolution threshold is compulsory con-arb – this, amongst other things, entails that, before such amendment to s73A of the BCEA, if monies were owed to the employee or worker in terms of a contract of employment, he or she was obliged to recover such monies by following a civil litigation path, whereas, now, compulsory con-arb is the prescribed avenue
September 28, 2026

What are the principles governing common purpose misconduct?

September 21, 2026

What are the principles governing an employee’s duty to disclose to his/her employer information about misconduct?

September 14, 2026

In Article 31, we dealt with the distinction between desertion and abscondment.

In Article 32, we dealt with the misconduct of deeming desertion.

In this article, we will deal with termination of employment by operation of law in the private sector – similar to deeming to be discharged in the public sector.