‘The employer must give reasons for termination of employment by inserting the applicable code at the bottom of the UI-19 Form.
The reason for this differentiation is that if the employer selects Code 11, the employee will qualify for UIF benefits, as it is deemed to be a [more…]
South African labour law is a minefield riddled with endless hidden dangers. That is, there are numerous labour acts, regulations, codes and determinations that are mainly focussed on protecting employees. Some of these provisions are so incomplete or vague that they are often interpreted very differently by the arbitrators and judges appointed to implement them.
All [more…]
In Lufil Packaging (Isithebe) (A division of Bidvest Paperplus (Pty) Ltd) v CCMA and Others (DA8/2018) [2019] ZALAC 39, the Labour Appeal Court was tasked with deciding whether a union can recruit members who fall outside the scope of their constitution and seek to exercise organisational rights in relation to those [more…]
In the matter of Legal Aid South Africa v Mayisela and Others LAC (CA9/17) [2019] ZALAC [Delivered 5 February 2019), the Labour Appeal Court (LAC), in considering a judgment granted in favour of the employee in a review application by the Labour Court, held that an employee who was dismissed for gross insubordination committed misconducted [more…]
Resource: Tony Healy & Associates
So, your car breaks down and you have no replacement; is your employer obligated to accommodate your absenteeism and late-coming that follows? No, they are not.
This was he scenario in the Labour Court review application in National Nuclear Regulator v the CCMA & others (Case number JR3104/12). The employee, a Senior [more…]
When the CCMA makes an award for the reinstatement of an employee who has been unfairly dismissed or suspended, it seldom goes down well. But what happens if the employer ignores the award?
In the case of Ilembe Outsourcing and Recruitment c.c. and others v Nosango (2018), the Labour Appeal Court (LAC) was faced with a [more…]
BizCommunity | 29 Oct 2018
If you have signed an employment contract that specifies something different to the Basic Conditions of Employment Act (BCEA), this will supersede what’s outlined in the Act provided that there is agreement between the parties and the conditions specified are not less favourable than the BCEA, warns Cathie Webb, member (and [more…]
In the recent reportable case of Sasol Chemical Operations (Pty) Ltd v CCMA and others (29 August 2018) ZALCJHB 2680/16 the Labour Court evaluated the evidentiary burden placed on employees who contend that they have been subjected to unfair discrimination during their employment. The employee [more…]
JOHANNESBURG – The Labour Court in Johannesburg on Friday ruled in favour of the National Union of Metalworkers of South Africa (Numsa) and dismissed an urgent application by employers to interdict a strike in the plastics industry.
This comes after more than 10,000 Numsa members on Monday embarked on strike to demand a living wage and [more…]
There is nothing to prevent an employer retaining the services of a ‘contractor’ on a fixed term contract lasting more than 3 months if they can justify the reason for it being a fixed term contract (e.g. build this house, install this pipe-line).
This ruling does not apply to employees earning over R17 120 per month. [more…]
Labour brokers have been dealt a major blow after the Constitutional Court ruled on Thursday that they were not dual employers when their clients absorbed contract workers as permanent staff.
The landmark ruling will change the nature of labour broking in SA.
Recent amendments to the Labour Relations Act (LRA) dictate that [more…]
It goes without saying that employers need to be able to trust their employees. Trust is the cornerstone of any relationship, and an employment relationship is no exception. Employees and employers have very specific rights in terms of common law, as well as labour legislation, and balancing these rights is crucial to a fair and [more…]
We are regularly asked which posters must be displayed at the workplace of our clients and for that reason and are then asked if our clients should also buy a list of posters which are available at the local stationary store.
Regardless of what your local stationer may say, there are only two (2) summary posters [more…]
The Western Cape is currently in the grips of the worst drought it has suffered in 100 years. Dams in the Western Cape are currently at an average 24.2% of capacity and Level 6B water restrictions are currently underway. This requires that businesses reduce their monthly consumption of municipal drinking water by 45% compared to [more…]
For many companies, vetting job applicants is an essential practice in their hiring process. With the growing risk of fraud and deception in the application process and workplace overall, the need for simplified, fast and accurate results is of utmost importance. Through technology and innovation, optimum results has never been easier.
The use of technology in [more…]
