Mark Beckman

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So far Mark Beckman has created 6 blog entries.

Does ‘Full and Final Settlement’ signal the end of a labour dispute?

How to ensure Employers are covered when signing a full and final settlement or mutual termination agreement. A settlement or mutual termination agreement is a contractual agreement where parties agree to terminate the employment relationship. This contractual agreement is neither a dismissal nor a resignation. This agreement is mutually consented to as a recourse to [...]

2023-03-20T11:56:01+02:00March 20th, 2023|General|0 Comments

What the … Default Award?!

It is often the case that an Employer returns from the festive season break or a period of leave, fully recharged and ready to get back to work. Then “boom”, a former employee knocks on the door with an order obtained during an Arbitration, which the Employer was absent from due to being completely unaware. [...]

2023-03-15T09:28:08+02:00March 15th, 2023|Arbitration, Labour Relations Act|Comments Off on What the … Default Award?!

Failing to prepare is preparing to fail

A guideline for proper preparation of CCMA and Bargaining Council matters. The old saying goes, “by failing to prepare; you are preparing to fail”. This is why Employers must prepare timeously for their CCMA or Bargaining Council matters to successfully mediate or arbitrate a case to the benefit or success of the Employer. How does [...]

2023-03-13T09:41:24+02:00March 13th, 2023|General|Comments Off on Failing to prepare is preparing to fail

Can an Arbitration Award be enforced despite pending Review proceedings?

Arbitration Awards are binding & remain enforceable despite an application to the Labour Court for Review. Once a CCMA matter has been arbitrated, the Commissioner will issue an Arbitration Award within fourteen (14) days. CCMA Awards are final and binding, and there is no Appeal process regarding Arbitration Awards. They are, however, subject to Review [...]

2023-03-13T09:42:45+02:00March 7th, 2023|Arbitration|Comments Off on Can an Arbitration Award be enforced despite pending Review proceedings?

Flouting Immigration Laws: The effect of South African labour legislation on foreign employees

Labour legislation cannot be circumvented merely because an Employee is a foreign national. The employment of foreign nationals in South Africa is regulated by the Immigration Act 13 of 2002, as amended. This Act, inter-alia, provides for matters connected with the ability of foreign nationals to work in South Africa. In accordance with the provisions [...]

2023-03-13T09:43:22+02:00March 6th, 2023|General|Comments Off on Flouting Immigration Laws: The effect of South African labour legislation on foreign employees
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