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…]
LABOUR relations is seldom viewed dispassionately. It is a field that spans a multitude of collective and individual workplace interactions and experiences, from constructive relationship building initiatives to often fierce adversarialism.
My graduation from UCT in the early 1980s coincided almost exactly with the dawn of the present-day employment law and labour relations regime that prevails [more…]
Racial tension and animosity are amongst the many social ills that form part of South Africa’s apartheid legacy. Eradicating these problems is made no easier by people’s prejudiced beliefs that often manifest in the use of derogatory, offensive and racist language. In recent times, there have been numerous incidents of people publicly using overtly racist [more…]
In the matter of Joseph Nzimande and two others v Didben NO and Others, the applicants were dismissed for making false statements to the media, bringing the name of their employer into disrepute and failing to obey an instruction to them to raise their grievances through the recognised internal channels.
The applicants were employed by the [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…]
It is advisable to inform your workers that any absences related to the protest action will be treated on the following basis in term of the Labour Relations Act:
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…]
The Department of Labour says the Employment Equity (EE) Amendment Bill and Regulations is proposing the establishment of sectoral targets to enable employers to transform workplaces.
Department of Labour Deputy Director of the Employment Equity (EE) Directorate, Masilo Lefika, said the EE amendments and Regulations have proposed for the establishment of 18 sectors as per the [more…]
The implementation of the national minimum wage could be postponed after interested parties warned that the process to give effect to the policy was in danger of not passing constitutional muster.
They have cautioned that if the legislation was rushed through Parliament, it risked being sent back by the Constitutional Court. Now, they have requested that [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…]
A restraint of trade is an agreement between an employer and an employee, or a provision in an employment contract that restricts an employee from being employed by a competitor of the employer, or establishing a business in competition with the employer following termination of employment.
At a recent public meeting in Limpopo, a chief inspector of the Department of Labour said that of 333 workplaces inspected 40 were not compliant with the Basic Conditions of Employment Act.
He said that an increase in CCMSA cases are also of concern. 18 000 more employers [more…]
The Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled that that the withdrawal of resignation cannot have any effect unless the employer consents to such withdrawal. The enforcement of the resignation is therefore not an unfair dismissal and applicants have no claim as a result.
In the case [more…]
In July this year, 72 JSE-listed companies were identified as the subject of employment equity reviews by the Department of Labour Inspection and Enforcement Services (IES). As a result of this process, the IES has announced that 50 JSE-listed companies, including the JSE, have been found to [more…]
BusinessLive reports that a new report published on Thursday by the University of Cape Town’s (UCT’s) labour and enterprise policy research group argues that new legislation will have to be drafted to ensure that the national minimum wage (NMW) is effectively implemented.
The NMW will be implemented from May [more…]
ANA reports that the Government Communication and Information System (GCIS) on Thursday urged people seeking employment to be wary of a fake job advert that was circulating on social media.
It listed vacancies at the GCIS, government departments and other organisations. “We are warning the public about the fake advert [more…]
ANA reports that the Department of Labour (DOL) on Monday said it was taking six companies to court over breaches of the Employment Equity Act (EEA).
The department’s Inspection and Enforcement Services (IES) branch is taking the companies to court for prosecution for failure to prepare employment equity plans [more…]