Some sectors in our country are governed and regulated by the Basic Conditions of the Employment Act (BCEA), being an act of parliament put in place by the government to regulate and protect employees from exploitation by employers. This Act has set minimum regulations for employers. However, other sectors are not regulated by the BCEA, [...]
All employers should adopt disciplinary rules that establish the standard of conduct required of their employees. The form and content of disciplinary rules will obviously vary according to the size and nature of the employer’s business. In general, a larger business will require a more formal approach to discipline. An employer’s rules must create certainty [...]
An employee was given a final written warning "on-the-spot" by the chairperson after being found guilty of misconduct at a disciplinary hearing. The employer is unhappy with the sanction and lodges an appeal to have the sanction overturned and subsequently changed to a summary dismissal. Would this amount to "double jeopardy" since the employee has [...]
Once an employer receives the letter demanding higher wages, an increase in pension fund contributions and an endless number of benefits, the inevitable threat of a strike is looming. The collective bargaining process ensues from here. The trade union and the employer try to negotiate at a plant level to reach an agreement. When the [...]
Where an employee is found to be unfairly dismissed, the court or an arbitrator may order that the employer reinstate, re-employ or order that the employer pay compensation to the employee. This article seeks to address the difference between an order to reinstate with backpay and to pay compensation to the employee. Even though the [...]
The Administrative Adjudication of Road Traffic Offences Act of 2019 hereafter, referred to as (“AARTO”) regulates the administrative process for motorised traffic violations with the allocation of demerit points and penalty fines. The system introduces a 15-point system for motorists whereby, a penalty can be imposed on a motorist, operator or owner of a vehicle [...]
Collective bargaining is the process of negotiations through which a trade union tries to get an employer to formally agree and accept the workplace demands that workers put forward. Workplace demands can include wages, working conditions, union rights, etc. The aim of collective bargaining is to reach an amicable agreement on the workplace demands and [...]
A voluntary retrenchment is, in essence, an alternative to a forced retrenchment, whereby an employee volunteers and agrees to be retrenched and subsequently waives his or her rights arising from the termination of his or her services. Upon starting with the retrenchment process as prescribed by Section 189 of the Labour Relations Act 66 of [...]
It often happens, that employees, after having tendered their resignation, will refer a dismissal dispute at the CCMA and claim that they were in fact dismissed by the employer. At first glance, these disputes appear to be unproblematic as the employer intends to argue that they had no part to play in the termination of [...]
Consolidated Employers Organisations' theme for the month of July is how best to resolve collective bargaining disputes. In our previous article, we addressed building an effective collective bargaining relationship with trade unions or worker representatives. This article focuses on some key aspects that must be considered when the employer and trade union meet around the [...]