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The Citizen
13 hours ago
- Business
- The Citizen
Here's why employers can't use NDAs to hide harassment in the workplace
NDAs are generally enforceable under South African contract law, provided they are reasonable in scope and duration, and do not violate public policy. Non-disclosure agreements (NDAs) have been criticised for silencing victims of workplace harassment in several jurisdictions. However, unlike most countries, South Africa's legal framework provides protection against workplace harassment. If an NDA is found to be used to cover harassment, the employer could remain liable, regardless of the existence of the agreement. An NDA is a legally binding contract that ensures confidential information shared between parties remains private. This agreement is important for protecting trade secrets, business plans and other confidential data. Dhevarsha Ramjettan, partner at Webber Wentzel law firm, says NDAs are generally enforceable under South African contract law, provided they are reasonable in scope and duration, and do not violate public policy. ALSO READ: Can you get fired for being racist? Here is what employers and employees need to know Acts protecting employees The Labour Relations Act 66 of 1995 (LRA), the Employment Equity Act 55 of 1998 (EEA), and the Protected Disclosures Act 26 of 2000 (PDA) offer protections to employees who report harassment or discrimination. 'While the EEA does not expressly prohibit NDAs, any agreement that silences victims of harassment or discrimination arguably undermines the purpose of the EEA,' says Ramjettan. 'Section 6 of the EEA prohibits unfair discrimination and harassment. Victims may not be prevented from reporting such conduct to the Commission for Conciliation, Mediation and Arbitration (CCMA), Labour Court or Equity Court.' Harassment in a workplace She says the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (Harassment Code), issued under the EEA, aims to eradicate all forms of workplace harassment. It provides a formal mechanism for reporting discrimination or harassment. 'The Harassment Code also holds employers vicariously liable for employees' conduct unless they can demonstrate that reasonable steps were taken to prevent and address such behaviour. 'These provisions arguably prohibit the use of NDAs to silence complainants or avoid accountability.' ALSO READ: Corporate Mental Health Week: Is your boss a narcissist or a psychopath? Act that overrides NDAs Kanyiso Kezile, trainee attorney at Webber Wentzel, says section 2 of the PDA provides that any clause in a contract of employment or other agreement that seeks to exclude or waive rights under the PDA is void. This includes agreements preventing the institution or continuation of proceedings under the PDA. This statutory override invalidates any NDA (or other contractual term) that seeks to silence whistleblowers. 'Notably, the PDA defines disclosure broadly as any disclosure of information about the conduct of an employer or employee, made by a person who reasonably believes that the information shows, among other things, unfair discrimination as contemplated in the EEA or the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA).' Mental health of employees He adds that under the Occupational Health and Safety Act 85 of 1993 (OHSA), employers are obligated to provide a working environment that is safe and without risk to employees' health, which includes the mental health of employees. 'If employers rely on NDAs to conceal harassment rather than address the underlying issues, they may fail to meet this obligation. As a result, contracts attempting to circumvent these responsibilities may be rendered unenforceable.' It is advisable that employers carefully review settlement agreements to ensure compliance with statutory obligations under the relevant legislation. 'Any clauses that prevent employees from reporting harassment or discrimination to regulatory bodies such as the CCMA, Labour Court, or Equity Court should be avoided, as these are likely to be deemed unenforceable and contrary to public policy.' NOW READ: Can a company to be held liable for employee's suicide?
Daily Maverick
7 days ago
- Business
- Daily Maverick
How to unlock your UIF benefits: dodge the delays, get your money
Many Unemployment Insurance Fund applicants experience frustrating delays and confusing procedures. Knowing what documents you need and how to avoid the pitfalls can save you time. The UIF offers support through various types of claims, including unemployment benefits for those who lose their jobs, illness benefits for contributors unable to work due to health reasons, maternity benefits for expectant mothers, adoption benefits for those adopting children, and dependant benefits, which provide financial support to family members of deceased contributors. To qualify for Unemployment Insurance Fund (UIF) benefits, you need to have contributed to the fund while employed and you must now be unemployed because of retrenchment, contract expiration or your employer's bankruptcy. 'Generally, you cannot claim if you resigned, were suspended or absconded, unless you can prove constructive dismissal through the Commission for Conciliation, Mediation and Arbitration,' Omashni Leeladhar, an attorney specialising in labour and employment and the director of Omashni Leeladhar Attorneys, said. Get your documents in order To apply, you need the following documents: A valid South African ID or passport, or asylum seeker document for non-citizens; Application for benefits (UI-2.1 form); Your employer's declaration of employment and termination (UI-19 form). Confirmation of bank details, stamped by your bank (UI-2.8 form); If you are claiming for reduced working hours, you need to fill in the UI-2.7 form; Your two most recent payslips; and Proof of registration as a job seeker (with the Department of Employment and Labour). Leeladhar noted that 'incomplete or incorrect documentation is the biggest cause of delays and rejections'. Maternity benefits Women can also claim maternity benefits when going on maternity leave. Maternity benefits provide financial relief during leave, payable for up to 17 weeks (121 days), with shorter payments of six weeks for stillbirth or miscarriage in the third trimester. Applications can be submitted online via the UIF's uFiling system or in person at a labour centre. You will need the same documents listed above as well as medical or birth certificates, and payslips. Claims should be made at least eight weeks before the expected birth date or within six months after birth. How to claim and what can go wrong Navigating the UIF process successfully means keeping careful track of deadlines and official requirements. According to Luzan Thuynsma, a labour relations specialist at Labour Law with Luzan, claims should be submitted within six to twelve months of losing your job. You have two options for submission – online via the uFiling system or in person at your nearest labour centre. The online process involves registering via uFiling with your ID number, email and cellphone number; uploading all required forms and confirming your details; and waiting for confirmation via SMS or email. Alternatively, you can visit a labour centre to apply in person and get direct assistance from claims officers. However, this is likely to be a lengthy process. 'Many claimants face lengthy delays beyond the processing window, long queues at labour centres and ongoing issues with the online application platform,' Sanisha Packirisamy, chief economist at Momentum Investments, said. One claimant, Christopher Senyolo, an instrumentation draughtsman who lost his job last year, filed his claim in January and initially received payments on time. However, when the UIF moved to an online signing system in June, he was turned away from the office and told to sign online. Unfortunately, the system failed to register his claim, causing further delays. Despite submitting his request online on 26 June, he remained unpaid after the usual processing period of seven to 14 days. Senyolo described the process as 'tedious due to constant back-and-forth,' citing 'incorrect information captured by officials and inconsistent updates between the system and what staff told me in person.' Leeladhar summed up the situation, saying, 'when the system works, it acts as a stabiliser. When it doesn't, it becomes yet another fracture in an already fragile social contract.' How much do you get? The UIF calculates your average monthly salary based on your earnings over the past six months. This salary is capped at a maximum amount of R17,712 per month. If you earn more than this, the calculation will be based on the capped amount. The fund does not pay 100% of your salary; 'instead, it uses a sliding scale where lower-income earners receive a higher percentage of their salary (up to 60%), while higher-income earners receive a lower percentage (as low as 38%),' Leeladhar explained. She also noted that 'the benefit amount is paid on a sliding scale for the first 238 days (38-60%) and then at a flat rate of 20% for any days from 239 up to 365.' UIF payments are also determined by the number of 'credit days' a claimant has accumulated. Credit days are earned at a rate of one day for every four days worked. These credit days represent the total number of days for which you can claim UIF benefits, with a maximum of 365 credit days accumulated over four years. A single claim application can result in a maximum of 238 consecutive days of payment. Essentially, the more days you work and contribute to UIF, the more credit days you earn, which then determines the amount and duration of your UIF payments, subject to these limits. Ongoing eligibility Once a claim ends, you can apply for UIF again, provided you have accumulated new credit days. The number of new credit days you have accumulated will determine how long your new claim will last. The UIF keeps a record of your contributions over a four-year cycle, and any new claim will be based on the contributions made since your last claim ended. To continue receiving UIF benefits, you must actively look for employment. This means you have to register as a 'work seeker' with the Department of Employment and Labour as part of your UIF application process. To maintain your claim, Thuynsma highlighted the importance of signing a UI-6A continuation form every four weeks and presenting a white card—a document stamped at your labour centre visits to prove ongoing unemployment and job seeking—to confirm continued eligibility. Payment timeline After your UIF application is approved, payments usually takes three to 10 working days to process as the UIF verifies banking details, checks balances, and schedules the payment. Direct bank deposits are the fastest way to collect your money, typically clearing within one to three business days at most South African banks, while manual collections or third-party channels may cause delays. Payments approved near weekends or public holidays might be delayed until the next working day. Delays can also result from incorrect banking information, missing documents, or system issues, so it's important to keep your details updated and regularly check your UIF status online or contact the UIF call centre if necessary. Seeking recourse Given the challenges that many face in accessing UIF benefits, it's not uncommon for claims to be rejected, and seeking recourse can be a necessary step. If you're considering an appeal, it's important to follow the proper procedure: Complete the Notice of Appeal form accurately, providing full personal and employer details; Clearly state the decision you are appealing and the reasons it is unjust; Submit the appeal in writing to the regional appeals committee within 90 days of receiving the refusal; and Attach any supporting documents or evidence relevant to your case. Many resources, including official Department of Employment and Labour offices and legal aid organisations, can help claimants with the paperwork and appeal process. Tips to improve your chances Leeladhar has the following tips for those planning to apply and successfully claim for their UIF benefits: Apply promptly – within six months of job loss; Complete all forms accurately and submit all required documents; Register as a jobseeker as soon as you possibly can; Follow up persistently with your employer to ensure timely UI-19 submission; Use uFiling online where possible, but do visit labour centres if technical problems persist; and Attend all scheduled signings or complete them online regularly. DM This story first appeared in our weekly Daily Maverick 168 newspaper and has been amended with additional information.
Eyewitness News
04-08-2025
- Business
- Eyewitness News
FlySafair confirms end of strike by some of its pilots
CAPE TOWN - FlySafair has confirmed that strike action by some of its pilots has ended. The airline said this follows signing a formal agreement between FlySafair management and the union Solidarity. FlySafair pilots had called for salary adjustments and an amended roster system with rest time and leave benefits. READ MORE: The agreement comes after several weeks of intensive engagement under the guidance of the Commission for Conciliation, Mediation and Arbitration (CCMA). FlySafair spokesperson Kirby Gordon said, "We are pleased to have reached a constructive resolution that allows us to move forward together. Returning to our full schedule will bring about much-needed capacity back to the market, which is essential to restoring fare equilibrium and making travel more affordable again for South Africans." SOLIDARITY CALLS ON FLYSAFAIR TO REVISIT LABOUR PRACTICES Union Solidarity has called on flySafair to review its labour practices after a 12-day strike by some of the airline's pilots. Solidarity said FlySafair's pilots have agreed to return to work after accepting salary increases of up to 6.9% over the next four years. The union said pilots will also receive one weekend off every six weeks, and nine weekends off per spokesperson, Helgard Cronjé, said there were no winners in the mediation process."While the agreement is an important step, there are still concerns that it only protects the most basic rights of the pilots. It is tragic that the employees needed to strike for 12 days to get a written agreement that protects only their basic rights." FlySafair said it's pleased to have reached a resolution for the airline to return to its full schedule.
TimesLIVE
01-08-2025
- Business
- TimesLIVE
'No winners in this', but deal struck between pilots and FlySafair
After 12 days of lockout and strike action by up to 200 FlySafair pilots affiliated with Solidarity trade union, an agreement has been reached through the Commission for Conciliation, Mediation and Arbitration (CCMA). Helgard Cronjé, deputy general secretary of Solidarity, said the CCMA-led proposal, accepted by both parties, was the closest middle ground they could reach. 'There are no winners in this process.' The new shift roster system is now governed by fixed rules and no longer by so-called 'soft rules' that management could arbitrarily adjust, he said. Though FlySafair maintains it cannot guarantee pilots one full weekend off per month, negotiations have led to an agreement that pilots will receive at least one 60-hour weekend off during each six-week cycle, with a minimum of nine weekends off per year. Pilots required to work on their days off will be able to claim those days in the next month. They will also be allowed to exchange shifts among themselves. In addition, pilots will receive at least 10 days off per month. On wages, the union had wanted a 10% increase. Pilots have settled for salary increases of 6%, 6.5%, 6.8% and 6.9% respectively over the next four years. These percentages will also apply to annual adjustments of travel and accommodation allowances as well as the medical allowance. Pilots will also receive additional compensation for any hours exceeding 65 flying hours per month. To soften the effect of the 'no work, no pay' rule during the strike and lockout, pilots will receive a one-off ex gratia payment amounting to 15% of their monthly salary and will be allowed to cash in five days' leave. The strike saw some disruption on the first day with flights being cancelled, but the airline's contingency measures ensured subsequent operations ran smoothly on a scaled-back schedule. Cronjé said the conciliation process, which brings an end to the longest pilot strike and aviation sector lockout in South African history, was 'exceedingly difficult'.
IOL News
30-07-2025
- Business
- IOL News
Sugar industry workers secure 6. 5% wage increase after protracted negotiations
Sugar industry workers have secured a 6.5% wage increase, promising better living standards and financial stability amid rising costs. Image: Independent Newspapers Archives Workers in the sugar manufacturing and refining industry have secured a 6.5% wage increase through a one-year agreement facilitated by the Commission for Conciliation, Mediation and Arbitration (CCMA). This comes after five months of negotiations. Trade union United Association of South Africa (UASA), which represented workers in the talks, confirmed that the wage agreement applies to all employees within the A1 to C3 job grades and is backdated to 1 April 2025. In a statement, UASA spokesperson Abigail Moyo said the agreement was finalised through the Bargaining Council for the Sugar Manufacturing and Refining Industry after a drawn-out process. 'This wage increase brings relief and renewed hope to workers as it translates directly into better living standards and improved financial stability for thousands of workers in the sector,' said Moyo. She added that the increase comes at a time when many workers in the sugar industry are grappling with the high cost of living and sector-specific challenges. 'Considering the cost-of-living challenges facing all workers, we are hopeful that this wage increase is a sign of stability for the sugar industry, as the sector has been threatened by several factors that have painted a gloomy picture for sugar producers and workers,' Moyo said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading The sugar industry has faced sustained pressure over the past few years due to droughts, global price volatility, local production costs, and concerns over the long-term impact of the Health Promotion Levy, commonly referred to as the 'sugar tax'. UASA credited the outcome to the strength of collective bargaining. 'Wage increase agreements underscore the importance of collective bargaining as a tool and the key role played by labour in advancing workers' interests in the workplace,' said Moyo. She thanked UASA's negotiating team for their role in the process and expressed hope that current wage talks in other sectors, including mining, would produce similarly positive results. The agreement is expected to provide some economic relief for sugar industry workers, many of whom have faced job insecurity and stagnant wages amid broader sectoral restructuring and economic uncertainty. THE MERCURY
