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…]
Labour Registrar advocate Lehlohonolo Molefe says over 200 South African unions have to change their constitutions to include balloting before strikes are declared or face deregistration.
In terms of the amendments which were implemented in January, the [more…]
www.bizcommunity.com By: Johan Olivier & Lizle Louw
A new code of good practice governing various aspects of strike action came into effect on 1 January 2019. It is a welcome step towards eliminating violent and damaging strikes but its effectiveness remains to be seen in practice.
In the past five years, SA’s mining industry [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:
GoLegal Provided By ENSafrica By Andi Michalow
Two interesting South African decisions, both dealing with the employment of firefighters, illustrate important principles relating to potential claims where an employee alleges unfair discrimination on the basis of a disability or an analogous ground.
The case of South African Municipal Workers Union obo Damons v City of Cape [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…]
This protest action is as far as we know not a trade union initiative but a ‘mass action campaign’ by women (The Total Shutdown’?) and therefore does not fall under S77 of the LRA and has not been approved by NEDLAC in terms of the Labour Relations Act and therefore it will be within the [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…]
Theto Mahlakoana analyses the Department of Labour’s recently released 2017 Industrial Action report and concludes that the report shows once more that there are no winners when workers head for the picket line, but the biggest loser is labour.
In 2017 workers lost R251m in wages, compared with R161m in 2016, a 56% increase. Industrial action [more…]
City Press reports that a newly formed organisation called People Against Petrol and Paraffin Price Increases (Pappi) plans to shut down the country’s roads on Friday to protest against rising fuel prices.
In May the petrol price increased by 82c a litre and went up a further 26c earlier this month. Diesel and paraffin increased by [more…]
The South African Municipal Workers’ Union (Samwu) yesterday tabled a list of grievances to back up its plan of mobilising members to stage a protest against the Joburg city council.
Although falling [more…]
The public sector wage agreement is close to being a done deal, with 48% of workers represented by trade unions at the Public Service Coordinating Bargaining Council (PSCBC) supporting the offer.
A majority of 50%+1 employee agreement is required to implement the deal.
“We are awaiting Nehawu (National Education Health and Allied Workers Union) to finalise their [more…]
The bargaining council and the CCMA have proposed an offer of 8.75 percent for the first year and 8.25 percent for the second.
Bus commuters will have to find alternative transport until Wednesday when the South African Transport and Allied Workers Union (Satawu) will announce whether striking drivers have accepted an improved salary offer.
Satawu [more…]
The National Union of Metalworkers of South Africa (Numsa) have announced that they will be marching in Gauteng on Human Rights Day to protest against the proposed new labour laws that come into effect in May.
In a statement on Saturday, Numsa national spokesperson, Phakamile Hlubi-Majola, said the [more…]
The National Union of Metalworkers of South Africa (Numsa) on Monday vowed to intensify the strike against Australian miner South 32 in Richards Bay, Kwa-Zulu Natal, after a marathon negotiation session to resolve the strike was deadlocked.
The global mining company has an aluminium smelter in Richards Bay, South [more…]
City Press reports that the National Union of Mineworkers (NUM) said after five workers were killed at Harmony Gold’s Kusasalethu mine that mining companies get away with minor sanctions over fatalities when they should face full prosecution.
“Investigations are done after every incident, but we never know what happens [more…]