Karen Ainslie (ZA)

Firm/Organization: Norton Rose Fulbright

Latest Articles

AARTO ‘Demerit Points’ System – Roadblock for South African Businesses?

By Karen Ainslie (ZA) on June 14, 2019

A demerit points system will be implemented under the controversial Administrative Adjudication of Road Traffic Offences Bill (AARTO) which could cause both drivers and owners of vehicles to be prohibited from driving altogether for traffic violations. AARTO has been sent to the President to be signed into law and will officially take effect on a date yet to be decided by the President. AARTO is geared toward changing driving behaviour and increasing safety on the…

Global Workplace Insider

Religious practices and workplace incapacity

By Karen Ainslie (ZA) on April 29, 2019

The Labour Appeal Court (LAC) has reaffirmed that employers must be tolerant of employee religious beliefs. In TDF Network Africa (Pty) Ltd v Deidre Beverley Faris, it ruled that the employee was discriminated against and unfairly dismissed for practising her religion. Faris, a Seventh Day Adventist, refused to attend monthly Saturday stock takes as her religion prohibited working over the Sabbath. The employer dismissed her for ‘incapacity’. Faris approached the Labour Court with an automatically…

Global Workplace Insider

Representations no longer required before precautionary suspension

By Karen Ainslie (ZA) on March 12, 2019

On 19 February 2019, the Constitutional Court upheld the Labour Court’s finding that an employer need not afford an employee an opportunity to be heard before implementing a precautionary suspension. This important development arose from the following facts. The employer, the South African Breweries (Pty) Ltd (SAB) employed a district manager for the Border region. The employee was responsible for the operations in that region, which included ensuring that SAB’s fleet of vehicles, met all…

Global Workplace Insider

Premature termination of fixed term contracts of employment

By Karen Ainslie (ZA) on December 10, 2018

Fixed term contracts of employment are becoming a common practice in the workplace. A fixed term contract is typically entered into for a specific duration (defined by time) or purpose (for a particular project) and would ordinarily expire either with the effluxion of the agreed time or upon the purpose for which it had been entered into being fulfilled (for example the return of a permanent employee who was on maternity leave). The question that…

Global Workplace Insider

Minority trade unions make good bedfellows

By Karen Ainslie (ZA) on November 29, 2018

In UASA, Solidaity and NUM v Lonmin Platinum PLC and AMCU (HO1312-18), the CCMA was tasked with determining the question of whether three minority trade unions, acting jointly, could obtain organisational rights at Lonmin in order to challenge the influence of the majority union (AMCU). Section 18 of the Labour Relations Act, 1995 (the LRA) allows an employer and a majority trade union to conclude a collective agreement establishing a representivity threshold which effectively excludes…

Global Workplace Insider

“Daddy day-care” some highlights on paternity leave

By Karen Ainslie (ZA) on November 14, 2018

In November 2015 the Labour Laws Amendment Bill (the Bill) was tabled to parliament. The Bill was adopted with the intention of amongst others, regulating (and extending) paternity leave. As of 22 August 2018, the Bill has been passed by the National Assembly and the National Council of Provinces. All that remains is authorisation and signature by the President. What is the current leave entitlement? As it stands, adoptive parents and commissioning parents are not…

Global Workplace Insider

Family Responsibility Leave – Bereavement rights

By Karen Ainslie (ZA) on November 8, 2018

South African labour law does not have any specific legislation solely dealing with compassionate leave in the event of bereavement. However, the Basic Conditions of Employment Act, 1997 (BCEA) provides for what is termed family responsibility leave. The BCEA was introduced specifically to give effect to the right to fair labour practices by establishing and enforcing basic conditions of employment and also regulating the variation of the basic conditions of employment. Section 27 of the…

Global Workplace Insider

Dress code in the workplace

By Karen Ainslie (ZA) on September 6, 2018

South Africa has no formal guidelines or regulations canvassing the often controversial topic of office dress code. However both the Employment Equity Act of 1998 (EEA) and the Labour Relations Act No 66 of 1995 (LRA) contain provisions outlawing discrimination and dismissals related to discrimination. What is deemed appropriate will be dictated by the industry and the individual nuances of the company itself but is always subject to anti-discrimination laws. Companies are permitted to introduce…

Global Workplace Insider

National Minimum Wage Exemptions: employers to heave a sigh of relief

By Karen Ainslie (ZA) on June 28, 2018

On 30 May 2018, the Minimum Wage Bill (the Bill) was approved by Parliament with a margin of 50% plus 1 vote. The Bill will now be sent to the National Council of Provinces for confirmation, before being signed into law. It will enforce a national minimum wage of R3 500 per month for full-time workers, or R20 per hour for any number of hours worked per day. The national minimum wage will exclude any…

Global Workplace Insider

Contempt of court and protected strikes

By Karen Ainslie (ZA) on June 12, 2018

Where employees take part in a strike, albeit protected, they run the risk of being held in contempt of court and being held personally liable for a fine or even imprisonment. This is if they step outside the realm of acceptable conduct that has been sanctioned by a court order. This applies even if employees cannot be individually identified and linked to particular acts or omissions. Similarly, unions may be held in contempt of court…

Karen Ainslie (ZA)

AARTO ‘Demerit Points’ System – Roadblock for South African Businesses?

Religious practices and workplace incapacity

Representations no longer required before precautionary suspension

Premature termination of fixed term contracts of employment

Minority trade unions make good bedfellows

“Daddy day-care” some highlights on paternity leave

Family Responsibility Leave – Bereavement rights

Dress code in the workplace

National Minimum Wage Exemptions: employers to heave a sigh of relief

Contempt of court and protected strikes

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