Lindie

About Lindie Smit

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So far Lindie Smit has created 117 blog entries.

Certificate of non-resolution – Is it binding on parties?

It is trite that the Commission for Conciliation Mediation and Arbitration (CCMA) is a creature of statute, that it has no inherent jurisdiction, and that its jurisdiction is limited to the circumstances conferred upon it by the Labour Relations Act (LRA). As a result, the CCMA may not infer jurisdiction which it does not have, [...]

2018-06-01T16:11:55+00:00June 1st, 2018|General|Comments Off on Certificate of non-resolution – Is it binding on parties?

Can a Union Automatically Represent an Employee in Dismissal Cases at the CCMA?

You attend a dismissal related case at the CCMA and suddenly you notice a union, unknown to you, representing your former employee.  Are the union automatically allowed to represent the employee (applicant) or must the union be a recognized union in your workplace?   Section 200 of the Labour Relations Act and Rule 25 of [...]

2018-05-25T17:02:46+00:00May 25th, 2018|General|Comments Off on Can a Union Automatically Represent an Employee in Dismissal Cases at the CCMA?

Probation clauses could lead to the CCMA

The CCMA (Commissions for Conciliation, Mediation and Arbitration) is an independent juristic forum that helps to resolve labour disputes between the employee and employer. In South Africa, probation is regulated by Schedule 8 of the LRA (Labour Relations Act 66 of 1995).   What is probation period? In terms of clause 8 of Schedule 8 [...]

2018-05-18T15:10:51+00:00May 18th, 2018|General|Comments Off on Probation clauses could lead to the CCMA

Bus Strike Over

Employers and employees alike in the industry have resumed its bus services after a three-week long strike regarding wages and working conditions.  A settlement was reached late yesterday.  Parties have agreed to a 9% wage hike for the first year and 8% for the second year and backdated to the 1st of April 2018 being [...]

2018-05-15T16:55:14+00:00May 15th, 2018|Latest News|Comments Off on Bus Strike Over

Evidentiary Assessment and the CCMA

The assessment of evidence, in all relevance, is not as strict in the CCMA as it is in a court of law when it comes to civil, and even more so, criminal matters. Section 138(1) of the Labour Relations Act speaks to the fact that in arbitration, for example, the Commissioner may conduct proceedings in [...]

2018-05-10T17:30:49+00:00May 10th, 2018|General|Comments Off on Evidentiary Assessment and the CCMA

Abandonment of Arbitration Proceedings

Section 138 (5) of the Labour Relations Act (as amended) stipulates that: “If a party to the dispute fails to appear in person or to be represented at the arbitration proceedings, and that party - (a) had referred the dispute to the Commission, the commissioner may dismiss the matter; or (b) had not referred the [...]

2018-05-02T14:35:55+00:00May 2nd, 2018|Arbitration, General|Comments Off on Abandonment of Arbitration Proceedings

EMPLOYMENT BILL TO KEEP SECTORAL DETERMINATIONS

The Basic Conditions of Employment Amendment Bill is now to retain the sectoral wage determinations; this has been decided by the Parliamentary Portfolio Committee on Labour. Initially said bill was meant to repeal provisions for sectoral determinations, due to the upcoming national minimum wage; this was however opposed by the academics, business and organised labour. [...]

2018-04-25T16:13:45+00:00April 25th, 2018|Latest News|Comments Off on EMPLOYMENT BILL TO KEEP SECTORAL DETERMINATIONS

The Recusal of a CCMA Commissioner

The Code of Conduct for CCMA commissioners requires a commissioner to disclose any interest or relationship that is likely to affect their impartiality. A commissioner is entrusted to resolve labour disputes fairly to all the parties. Should a commissioner fail to act fairly, it gives rise to bias, which is a ground on which you [...]

2018-04-09T13:14:37+00:00April 9th, 2018|General|Comments Off on The Recusal of a CCMA Commissioner

Interventions in Disputes by the CCMA

Trade Unions and/or Employees often refer matters of mutual interest to the CCMA and Bargaining Councils. These types of disputes can cause a bit of a headache for Employers; if the parties do not come to a solution at the conciliation stage the commissioner may issue a Certificate which will allow the Employees to go [...]

2018-04-03T12:50:33+00:00April 3rd, 2018|General|Comments Off on Interventions in Disputes by the CCMA

The extent of an Employer’s liability in Discrimination matters

It is trite law that the employer bears the responsibility for the unlawful acts committed by its employees in the scope of their employment, also referred to as vicarious liability. This means that if an employee discriminates or harasses another employee, the other employee may sue the employer for damages. In these instances, the employer [...]

2018-03-23T15:12:20+00:00March 23rd, 2018|General|Comments Off on The extent of an Employer’s liability in Discrimination matters