@Janet_askewnet.co.za is a labour law consultant with experience in leadership development and mediation. She is passionate about South Africa, inspiring us all to be better citizens who hold power to account. Janet is on DMC to answer all your labour law and leadership questions. Leave them in the thread below 
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I am sharing a Maid with another emplyoyer.she works 2 days for me and 3 days for him.How can we organise a leave for where she can stay at home for 3 weeks. Both employers do not agree to give her leave at the same time.
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Hi Janet,
Iām told by our council that it is not legal to include a clause in our company policy that prohibits senior staff from fraternising with junior staff. The basis of their argument is that the constitution allows freedom of association. My argument, however, is that I am not removing their right to fraternise, Iām removing their choice to both fraternise and work at the company. Similarly, they are allowed to drink, but they may not drink at work.
My feeling is that relationships that span reporting lines are far more likely to be abusive in some way, and are far more likely to be to the detriment of the junior person. It seems obvious that this should be prevented, yet the only remedies appear to be that we have to wait for something in the relationship to go wrong before we can do anything (as examples; they donāt report the relationship to HR, a minor offence, or they misuse company time/property, also a minor offence).
What, in your experience, is best practise regarding company policy towards relationships between co-workers, particularly where reporting lines are crossed?
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Hi Janet. I need some clarification of the operation of the BEE laws in SA - in particular since President Ramaphosa seems determined to continue with their implementation.
Surely these BEE laws are dependent on the determination of the race of individual citizens in terms of the five official race classifications, namely black, coloured, Indian, white and Other - as specified in the last census and official documents from government departments. So where does āOtherā fit into BEE?
As far as race classification is concerned, it is well known that persons such as FW de Klerk and Paul Kruger were descended from Indian slave ladies. So presumably they would be ācolouredā? Do we need DNA testing to determine race, and if so, what percentages relate to the different race categories?
Thanks, Eckart
Hi Eckart.
Under B-BBEE, there isnāt an āotherā category. The Act is very specific:
ā¢ Black people are defined as African, Coloured, and Indian South African citizens.
ā¢ These are the only groups recognised for empowerment purposes.
ā¢ White South Africans, foreign nationals, or people who donāt fall into those three categories are not included in terms of the Act.
So, if someone identifies outside of African, Coloured, or Indian, they donāt fall under the B-BBEE classification for scorecard benefits.
Yes, a company in South Africa can implement a policy restricting fraternisation between senior and junior employees, but there are important legal and practical considerations:
The Legal Framework
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Labour Relations Act (LRA): Employers have the right to set workplace rules and policies, provided they are reasonable, lawful, and consistently applied.
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Employment Equity Act (EEA): Policies must not be discriminatory. A blanket ban must be framed around protecting professionalism, avoiding conflicts of interest, and preventing harassment, not targeting specific groups unfairly.
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Case law: South African labour courts have recognised that workplace relationships can create risks (favouritism, conflicts of interest, harassment claims).
The Practical Considerations
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Policy wording: Most companies donāt ban relationships outright but prohibit or strongly discourage relationships where there is a direct reporting line (seniorājunior dynamic). This avoids conflicts of interest and protects both parties.
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Disclosure requirement: Policies often require employees to disclose relationships so management can reassign reporting lines if necessary.
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Consistency: Enforcement must be fair. Selective application could lead to claims of unfair labour practice.
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Dismissal risk: Dismissal for fraternisation is only likely to be upheld if the relationship creates serious operational problems or breaches a clear, reasonable policy.
In short: Policies should be reviewed to ensure that any limitations apply only to direct reporting lines and that relationships are jointly disclosed.
Hi,
If the two employers cannot agree, then itās up to the individual employer to consider what is legal, fair and appropriate.
Leave Entitlement (BCEA)
Domestic workers working more than 24 hours per month qualify for full BCEA protections:
ā¢ Annual leave: 21 consecutive days (or 1 day per 17 days worked).
ā¢ Sick leave: 6 weeks in a 36-month cycle (after 6 months of employment, 1 day per 26 days worked in the first 6 months).
ā¢ Public holidays: Paid if they fall on a normal working day.
Thanks Janet
Interesting that the Act can just ignore the official race categoriesā¦?
But of course, the fact is that most South Africans are of mixed descent. From the more than 2000 years of middle-eastern, north African, Indian and Chinese slave trading over the Indian ocean - DNA analyses will confirm this mixed ancestry. In particular, there are very few āwhiteā Afrikaans-speaking South Africans, so if they all classify themselves as ācolouredā, how will that affect BEE? I notice you didnāt comment on my query about de Klerk and Kruger - do you think their progeny would be welcomed at a BLM rally?
I am going to be away for 3 months and have previously paid domestic staff to work during my absence. I have realised that they need supervision, but what they do during my absence is a waste of time. With labour law, am I allowed to not pay them and they just stay at home? For me itās a waste of money. I am am disappointed. Yes I have spoken to them, but itās like water off a ducks back.