Trade union representatives ("Shop Stewards"), who are also employees of the employer, represent the interest of the trade union and its members in the workplace. Shop Stewards form part of the workforce as employees who assist and communicate workplace issues and facilitate negotiations and bargaining between the trade union and the employer. This article will [...]
The doctrine of res judicata is founded upon the principle that matters should reach finality and that the party referring the dispute should not be allowed to bring the same action again to the same or different forum. The principle of res judicata further contemplates that an Applicant needs to raise all the issues upon [...]
According to the South African Constitution, every employee has the right to join a trade union. Freedom of association is a Constitutional right, as well as a basic labour right, of every employee, and Section 4 of the Labour Relations Act (LRA) determines that every employee has the right to join a trade union. However, this [...]
The collective bargaining process requires time, effort and money from unions – in the form of subscriptions, in order to effectively engage and bargain with employers. The employer's contribution towards the collective bargaining process is to facilitate and manage the collection and payments of trade union fees, thus financially affording the union the funds they [...]
The CCMA and Bargaining Councils do not have jurisdiction to entertain disputes by applicants who are not employees. A jurisdictional point may be raised by the employer that an applicant is not an employee and, if successful, would bring the dispute to an end. It is therefore very important for employers to know who exactly [...]
It is trite that a resignation is a unilateral act by an employee that does not require the employer’s acceptance. The employment contract usually makes provision for notice periods that an employee must work subsequent to him resigning. If a contract of employment does not make provision for the notice period that must be worked, [...]
Section 12 of the Labour Relations Act regulates the trade union’s access to the workplace as follows: Any office-bearer or official of a representative trade union is entitled to enter the employer's premises to recruit members or communicate with members, or otherwise serve members' interests. A representative trade union is entitled to hold meetings with [...]
Commissioners at the CCMA are given discretionary powers to try to resolve disputes in the most efficient manner possible. Each commissioner will have his or her own unique approach in trying to resolve disputes. However, in certain circumstances, one commissioners may be more suited to hear a certain dispute than others. For example, if a [...]
In an imperfect world where mistakes and human miscalculations sometimes occur, it often happens that an employee receives a salary payment in excess of what is due to them. Employers may find themselves in a situation where a genuine mistake has been made resulting in employees receiving payment that they have not earned. This article [...]
CEO last touched on this topic during March 2016 when an article was published. We have, however, recently received an inquiry from one of South Africa’s largest clothing retailors on the subject, and as such, we felt a proper recap and expansion article might be in order. Progressive discipline is a term that [...]