Latest news with #LabourRelationsAct
Eyewitness News
3 days ago
- Business
- Eyewitness News
'Mail & Guardian' could be facing a jobs bloodbath as staff receive Section 189 notices
JOHANNESBURG - Popular news outlet, Mail & Guardian , could be facing a jobs bloodbath as staff at the organisation receive Section 189 notices. The notices signal potential retrenchments at the news organisation, as all staff members received notices. The notices, issued in terms of the Labour Relations Act, indicate a restructuring at the newspaper which could affect many jobs. The Mail & Guardian has been a stalwart of investigative journalism and in-depth coverage in South Africa. The move has raised concerns over the publication's future as it continues to face challenges in the rapidly changing media landscape. The publication's CEO, Hoosain Karjieker, explained: "We commenced the process about two weeks ago as this first quarter of the year, we realised that the costs are continuing to rise and the business was continuing to struggle commercially and we sort of had to make some drastic interventions in order to ensure the survival of the paper moving forward."
Eyewitness News
3 days ago
- Business
- Eyewitness News
Mail & Guardian CEO confident publication will remain available as job cuts loom
JOHANNESBURG - While the future of employees at popular publication, Mail & Guardian , is uncertain, CEO Hoosain Karjieker is confident it will remain available to its readers beyond the restructuring process. The news outlet's 25 staff members received section 189 notices, signalling a move to shed jobs as it struggles to stay afloat. But Karjieker said this doesn't signal the end of the Friday newspaper. READ: 'Mail & Guardian' could be facing a jobs bloodbath as staff receive Section 189 notices "No, absolutely not. I mean, I think that it resisted doing this type of thing. We had done some restructure during the course of last year, but we confined it to a theme that we realised as this year got underway, especially with these sort of dramatic rise in distribution costs, that a more urgent intervention was required for us to stabilise the company once again." Karjieker envisages a conclusion of the process in June but stresses that the process will not affect all employees. "After situations, one prefers not to drag the situation out for too long, but we are sort of aware and cognisant of what the Labour Relations Act requires from us. So it's very much in the consultative process and we're hoping to complete that process perhaps by the end of June or, you know, depending on how those negotiations go."
Daily Maverick
5 days ago
- Business
- Daily Maverick
Twin disruptors at work — tariffs, AI and the future of employment
The global economy stands at a precipice, shaped by two interconnected forces: the resurgence of tariff-driven protectionism and the relentless advance of artificial intelligence (AI). Together, these 'twin disruptors' are changing the world of work, reshaping trade dynamics, recalibrating labour markets and challenging the social contract that underpins modern societies. This presents a profound double disruption, compelling workers, employers, legislators and policymakers to confront urgent legal questions concerning rights, protections and regulatory obligations. The new tariff terrain: a trade law perspective Tariffs have re-emerged as an instrument of statecraft. Yet, their deployment is far from unfettered. It is governed by a robust international legal architecture, primarily the General Agreement on Tariffs and Trade under the World Trade Organization (WTO). The increasing imposition of tariffs, particularly those justified under national security exemptions, is testing the limits of multilateral trade law. Disputes arising from such measures are before the WTO's dispute settlement mechanism, underscoring the critical need for legal predictability in global commerce. Tariff policy must adhere to the principles of administrative law, demanding transparency, thorough consultation and the minimisation of arbitrary or disproportionate impacts on affected sectors. Crucially, workers displaced by tariff-induced shifts in global supply chains may have legitimate claims under existing labour statutes, advocating for 'just transition' support or retraining guarantees to mitigate job losses. AI and labour: legal gaps and governance challenges The rapid integration of AI into the workplace introduces unprecedented complexities for labour law. Traditional legal protections – encompassing the right to fair labour practices, non-discrimination and safe working conditions – are severely strained by algorithmic decision-making 's pervasive influence. For instance, automated hiring or performance management tools carry the inherent risk of inadvertently violating anti-discrimination laws, data protection legislation or even constitutional rights to dignity and equality. In South Africa, these vital protections are enshrined in the Bill of Rights and further elaborated through key statutes like the Labour Relations Act, Employment Equity Act and the Protection of Personal Information Act. Globally, the International Labour Organisation (ILO) has proactively begun to address these emerging challenges, advocating for a 'human-centred' approach to the future of work and urging the adoption of new international standards that ensure algorithmic transparency and accountability in the workplace. South Africa's lacklustre economic growth: a deep dive into persistent challenges While South Africa holds significant potential as an emerging market with diversified industries and abundant natural resources, its economic growth has been persistently lacklustre, significantly hindering efforts to address challenges like high unemployment, poverty and inequality. For more than a decade the country's GDP growth has averaged a mere 0.7% annually, a rate lower than its population growth, leading to declining real per capita income. This sustained underperformance is not merely a cyclical downturn, but a symptom of deep-seated structural issues and governance weaknesses. One of the most critical impediments to South Africa's economic vitality is the energy crisis, primarily driven by the ailing state-owned power utility, Eskom. The result is load shedding – scheduled and unscheduled power outages that cripple businesses, disrupt daily life and deter investment. These power cuts have cost the economy billions of rands annually, forced small businesses to collapse and significantly reduced productivity across all sectors, from mining to manufacturing and retail. The impact extends to agriculture, where food processing delays lead to substantial losses, and even to the digital economy, with projected losses in the billions. While there have been recent improvements in electricity supply, the long-term shadow of energy insecurity continues to loom large over the economy. Beyond the energy woes, other structural rigidities contribute to the anaemic growth. The country's transport and logistics infrastructure, particularly rail and port operations, is in disrepair. This directly hinders export capacity and increases operational costs for businesses. Furthermore, a weak business environment, characterised by administrative burdens, stifles entrepreneurship and job creation, especially for small and medium-sized enterprises (SMEs) which are vital for employment. Despite efforts to improve the ease of doing business, reform has been slow. The public sector wage bill significantly strains national finances, diverting funds that could otherwise be invested in critical infrastructure or economic stimulus programmes. The cumulative effect of these challenges is a staggering unemployment rate, consistently among the highest in the world. In the first quarter of 2025, the overall unemployment rate climbed to 32.9%, with youth unemployment reaching an alarming 62.4%. This highlights a fundamental disconnect between the available workforce and the economy's capacity to create jobs, often exacerbated by a mismatch between skills and industry demands. The labour costs and insufficient demand also influence businesses' reluctance to expand their workforce. Addressing South Africa's lacklustre economic growth requires a comprehensive and sustained effort. This includes accelerating structural reforms in the energy and logistics sectors, enhancing the business environment to foster private sector investment and SME growth, improving effective and efficient governance, and implementing labour market reforms promoting job creation and addressing skill mismatches. Without such action, South Africa risks remaining trapped in a cycle of low growth, high unemployment and persistent inequality. The dual pressures of shifting tariffs and accelerating AI adoption intersect with entrenched structural inequalities in South Africa. South Africa bears a constitutional obligation to progressively realise socioeconomic rights, which, it is argued, impose positive duties on the state to proactively create enabling conditions for employment and skills development, particularly as traditional job pathways face obsolescence. If unchecked, the unmitigated displacement of mid-skilled jobs due to automation and evolving trade flows could seriously violate the state's duty to achieve these fundamental rights progressively. To comply with these constitutional mandates, legal strategies such as those aimed at developing sectoral master plans, inclusive procurement policies and robust public-private retraining partnerships are imperative. Furthermore, South Africa's international obligations under instruments such as the African Charter on Human and Peoples' Rights and the UN's Sustainable Development Goals reinforce the critical need for labour market policies that actively promote equity, sustainability and decent work for all. AI and tariffs are intrinsically transnational phenomena, demanding regulatory responses that transcend national borders. There is an urgent and pressing need for new global frameworks to address emerging digital labour rights, facilitate cross-border data governance, and ensure corporate accountability across complex global supply chains. Legal fragmentation will exacerbate inequalities between jurisdictions. Multinational firms may exploit regulatory arbitrage without coordinated frameworks to circumvent vital labour protections. Multilateral cooperation, channelled through institutions such as the WTO, ILO, UN and regional bodies like the African Union, is essential to ensure that legal protections keep pace with and actively guide technological and economic transformation towards equitable outcomes. Towards a legally grounded future of work The future of work in a world shaped by tariffs and AI will not be passively determined by technology or market forces alone. Crucially, it will be shaped by the legal frameworks we construct, our institutional choices and the political will we summon. If legal systems remain passive, they risk complicating inequality and eroding fundamental rights. Conversely, if boldly and strategically mobilised, law can be a powerful tool to steer disruption towards shared prosperity and a more just future. The imperative is clear: we must urgently update labour, trade and constitutional laws for a world where borders and algorithms increasingly define the boundaries of opportunity and risk. Legal certainty, fundamental fairness and human dignity must serve as the unshakeable foundations upon which we construct the new world of work. DM
Daily Maverick
6 days ago
- Business
- Daily Maverick
No, there is no change to the retirement age in South Africa
National Treasury has dismissed the claims contained in an article gaining traction through WhatsApp forwards and Facebook reposts. South Africa's retirement age has not been changed. Some online articles, including one published on have said South Africa is implementing sweeping pension reforms – most notably a uniform retirement age of 65 for all citizens regardless of gender or employment sector, and effective from 30 May 2025. The article gained traction through WhatsApp forwards and Facebook reposts, and further asserted that the government has confirmed new phased retirement options and that older workers will be able to draw partial pensions while continuing part-time employment. None of this is supported by any gazetted legislation, parliamentary record or regulatory announcement. What Treasury says In response to detailed questions from Daily Maverick, National Treasury dismissed the claims. 'There is no standard retirement age that is set by government in South Africa,' it said. 'Employees in formal employment… have a retirement age that is determined by the employer and the relevant retirement fund, which is not prescribed by government.' Treasury also confirmed there are no planned changes to the old age grant – which remains available from the age of 60 for men and women – and that the Government Employees Pension Fund (GEPF) still permits retirement from age 60 for public servants. Where did this rumour begin? This round of confusion appears to follow the earlier circulation of a fake version of the Public Service Amendment Regulations. That document, distributed on Facebook, falsely claimed that the retirement age for government employees would be increased to 70, but was linked to no official source. Here's the law South African law does not prescribe a universal retirement age. In the private sector, retirement age is defined by employment contracts or pension fund rules. In the absence of such terms, section 187(2)(b) of the Labour Relations Act provides that dismissing someone for age is only legally fair if they've reached the 'normal or agreed retirement age' for their role. In the public sector, the governing legislation is the Public Service Act of 1994, which sets the normal retirement age at 60 and allows early retirement from 55. These provisions remain unchanged. Risky assumptions Labour lawyer Avi Niselow, who has represented both employers and employees in retirement-related disputes, confirmed the legal position – and the practical risk of relying on online claims – in an interview with Daily Maverick. 'We've never had a mandatory national retirement age,' Niselow said. 'That misconception has landed employers in court before. If there's no agreed age in the contract or fund policy, forcing someone out at 65 could amount to automatically unfair dismissal.' He added: 'It's not about what's common practice in the industry or what's trending on WhatsApp. It's about what's in writing. If it's not contractually agreed, the employer is exposed.' He also warned of the fallout for employees: 'If someone resigns based on false assumptions – thinking new pension access rules are already in place – the damage could be irreversible. You don't get to undo that.' The final word There is no legal basis for the claim that South Africa is implementing a universal retirement age of 65 from 30 May 2025. Treasury, the GEPF and labour law experts confirm that no such change exists – and that acting on misinformation could lead to legal exposure and irreversible financial harm. DM
IOL News
26-05-2025
- Business
- IOL News
UNTU prepares for possible strike as Transnet wage negotiations reach deadlock
Transnet's workers unions United National Transport Union (UNTU) confirmed on Friday that the three-day S150 Commission for Conciliation, Mediation and Arbitration (CCMA) process on Transnet salary/wage 2025/26 impasse remains in deadlock after three days. Image: Leon Lestrade/ Independent Newspapers Transnet's ongoing wage negotiations have reached an impasse, confirming fears of looming industrial action by workers as the United National Transport Union (UNTU) made a clear statement on Friday. After three days of mediation by the Commission for Conciliation, Mediation and Arbitration (CCMA) through the section 150 of the Labour Relations Act, UNTU reported that no progress had been made, compelling them to consider striking if their demands remained unmet. On Thursday, UNTU completed a ballot process with its members that disclosed a consensus to mobilise for industrial action should the wage negotiations fail. The union said the CCMA has committed to present a revised salary/wage offer by close of business on Monday. 'If no revised offer is forthcoming, UNTU will issue Transnet with a 48-hour notice of industrial action,' it said in a statement. UNTU general secretary, Cobus van Vuuren, said the majority of ballots cast by the majority union's members was in favour of taking to the streets to demand a wage increment that reflected the deepening economic crisis facing Transnet employees and job security. Van Vuuren said the three-day S150 CCMA intervention facilitated by two senior commissioners failed to break the Transnet salary/wage 2025/26 impasse; therefore, the status quo remained in terms of this deadlock. 'The proceedings spanning over three days concluded on Thursday, without the parties reaching consensus on a revised salary/wage increase offer. UNTU participated in the S150 process in good faith, fully committed to securing a fair and sustainable outcome amid the rising cost of living and the ongoing operational and structural challenges facing Transnet,' he said. UNTU is demanding a 10% wage increase for 2025/26, a R2 500 housing allowance, R2 500 medical aid allowance, and the removal of a cap on overtime from Transnet. The union has also rejected a proposed wage increase of 6% over two years and 5.5% in the third year. Van Vuuren said that throughout the process, UNTU tabled a variety of salary/wage proposals for Transnet's consideration. 'We are confident we are in line with the economic and financial pressures facing our members, with a high emphasis on job security while at the same time paying due cognisance to the challenges Transnet faces. The proposals, which UNTU presented, cannot be disclosed at this time due to the confidential nature of the S150 process,' he said. 'We had hoped that Transnet and its mandate-givers would seriously consider these proposals, particularly given the potential economic impact of industrial action and the value of securing a longer-term agreement securing labour peace during this critical time in Transnet's turnaround into a sustainable self-funded entity.' Van Vuuren said that the resolution of the deadlock now rested with the CCMA, which he said has committed to present a revised salary/wage offer by close of business on Monday. 'Should no revised offer be forthcoming, UNTU will issue Transnet with a 48-hour notice of industrial action. This could potentially result in industrial action commencing on Thursday, 22 May 2025, in line with the overwhelming mandate secured from its members,' he said. 'UNTU has made the necessary logistical preparations to ensure our readiness for industrial action. If a revised offer is received, UNTU will initiate a structured mandating process to determine if our members accept or reject the tabled revised salary/wage offer.' The Federation of Unions of South Africa (Fedusa) has backed UNTU as its affiliate in the wage negotiations with Transnet. 'Should the intervention by the CCMA fail and UNTU members find themselves compelled to embark on industrial action to secure fair wages, Fedusa will support them,' said the federation.
