Dear Industry Members The Plastic Sector is enduring a strike since the 15th of October 2018, despite parties successfully concluding a collective agreement for plastic employers in the Plastic Negotiating Forum (PNF) on 17 June 2017. Please click here to view the current PNF Agreement. Up to date, all negotiations have broken down between [...]
Dear Industry Members On Friday 02 November 2018, employers within the plastics industry obtained an interim order from the Labour Court, placing NUMSA and certain senior officials in contempt of court. According to the order, NUMSA faces a R1million fine, whereby the General Secretary, Irvin Jim may be liable to pay R100,000 in his [...]
It happens quite often that an employee gets arrested for alleged criminal activities and/or is found guilty of criminal activity and ultimately incarcerated. Some employers then erroneously deem the employer/employee relationship to be automatically terminated. Unfortunately, an employee does not dismiss himself should he be incarcerated. It is no employer’s wish to be associated [...]
Dear Industry Members As from yesterday, 01 November 2018, the new minimum wages as per the sectoral determination for the Private Security Sector comes into effect. Please click here to view the new wages. National Collective Bargaining Team Queries / CEO Membership: For any queries of existing members, or enquiries on how [...]
In dismissing an employee, the dismissal should have two fundamental characteristics. The dismissal should be substantively fair, this meaning that the Applicant should be dismissed for a good reason. The dismissal should also be procedurally fair, there should have been a fair internal process/hearing of which the Applicant had enough prior knowledge and also had [...]
Employers are aware of the two processes at the CCMA, namely conciliation and arbitration. Conciliation is a means of attempting to conciliate and settle the matter before the next process, namely Arbitration, follows. Both the Applicant-employee and the Respondent-employer can request that the Arbitration does not proceed immediately after a Conciliation process has failed. [...]
Employers often find themselves in situations at the CCMA or a Bargaining Council where an applicant or a union alleges that a certain transgression made by an employee, was not stipulated in their contract of employment. This issue is usually raised when an applicant alleges that a specific duty, does not form part of [...]
It is common knowledge that employing a foreigner without a valid work permit is illegal and exposes an employer to fines and possible prosecution. Therefore, many employers upon discovering that they have employed a foreign national without a work permit or who has an expired work permit, usually panic and follow incorrect procedures which create [...]
It has become “common law” in dispute resolution tribunals that, if an applicant opts to be represented by a trade union (hereafter referred to as “a/the union”), the union needs to prove that it has locus standi in such a dispute resolution tribunal, if questioned by a respondent, by producing the following documents, which are [...]
Dear Industry Members The Bargaining Council for the Civil Engineering Industry’s (BCCEI) Wage and Task Grade Collective Agreement and Conditions of Employment Collective Agreement has been published in the government gazette (Government Gazette Numbers 41888 and 41910). This was the final stage of the extension process. The effect is that these Agreements will come into [...]