Mark Beckman

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So far Mark Beckman has created 49 blog entries.

Understanding the Test for Constructive Dismissal in South African Labour Law

Constructive dismissal in South African labour law is not determined by whether an employee was forced to resign but by whether the working conditions were intolerable and unendurable. When an employee claims constructive dismissal or expresses that the future or continued working conditions are intolerable, it would be contradictory for that employee to desire [...]

2023-07-11T14:39:11+02:00July 11th, 2023|Dismissal, General, Labour Relations Act|Comments Off on Understanding the Test for Constructive Dismissal in South African Labour Law

Are you chasing Peak Organisational Performance? Consider these 3 focus areas

South Africa is a multicultural, dynamic, and ever-evolving country. This translates into the work environment that presents itself with its own unique challenges. Consequently, businesses and organisations face a myriad of challenges in maintaining a productive and cohesive workforce. Irrespective of the unique challenges facing the South African business landscape, some of the critical [...]

2023-07-11T14:39:13+02:00July 7th, 2023|General, Labour Relations Act|Comments Off on Are you chasing Peak Organisational Performance? Consider these 3 focus areas

Is it really a Trade Union? Simunye Workers Forum victory shifts the traditional idea of a trade union

In South Africa, one could strongly argue that the Labour Relations Act (LRA) is among the most significant pieces of legislation, given its historical context and the rights it regulates and protects. This argument was bolstered by the recent Labour Court ruling in favour of Simunye Workers Forum (SWF), which challenged the Registrar's decision [...]

2023-07-11T14:39:15+02:00July 5th, 2023|General, Labour Relations Act|Comments Off on Is it really a Trade Union? Simunye Workers Forum victory shifts the traditional idea of a trade union

Rights afforded to Trade Unions when Collective Agreements are extended to Non-Parties

In previous articles on the topic of organisational rights, we have mentioned that when it comes to the establishment of organisational rights at a plant level, the approach that is normally used is to observe section 21 of the Labour Relations Act. However, when it comes to collective bargaining on an industry level, it [...]

2023-07-17T13:22:36+02:00July 3rd, 2023|General, Labour Relations Act, Strikes, Theme|Comments Off on Rights afforded to Trade Unions when Collective Agreements are extended to Non-Parties

Can two Unions act jointly to obtain Organisational Rights?

Employers and organisational rights generally present themselves like oil and water, a relationship born out of opposing views, with each party trying to obtain the best scenario to suit their relevant constituents, while never really homogenising. While these organisational rights and consequent relationships between the parties may come about born out of the inherent [...]

2023-07-11T14:39:20+02:00July 3rd, 2023|General, Labour Relations Act, Strikes, Theme|Comments Off on Can two Unions act jointly to obtain Organisational Rights?

Was this the War or just the First Battle?

"I have cherished the idea of a democratic and free society in which all persons live together in harmony and with equal opportunities" – Nelson Mandela. Could this be the turning point that guides our society and our nation towards the ideal espoused by the great Madiba himself? In the face of proposed amendments [...]

2023-06-29T17:11:02+02:00June 29th, 2023|General, Labour Relations Act|Comments Off on Was this the War or just the First Battle?

High Court declares Zimbabwe Exemption Permit termination unlawful

The ongoing saga pertaining to the Zimbabwean Exemption Permit (ZEP) and the validity thereof finally came to a conclusion on Wednesday 28 June 2023. Following a recent announcement by the Department of Home Affairs (DHA) in June that the ZEP would be valid for a further six-month period ending in December 2023, the High [...]

2023-06-29T09:13:25+02:00June 29th, 2023|General, Labour Relations Act|Comments Off on High Court declares Zimbabwe Exemption Permit termination unlawful

The role of the Essential Services Committee in safeguarding South Africa’s most vital industries

We have previously written about what an essential service entails and the main reasons why the Labour Relations Act (LRA) defines specific industries as “essential”. The definition of “essential services” is still broad; therefore, under the auspices of the Commission for Conciliation, Mediation, and Arbitration (CCMA), the Essential Services Committee was established to decide [...]

2023-07-11T14:39:21+02:00June 26th, 2023|Arbitration, General, Labour Relations Act|Comments Off on The role of the Essential Services Committee in safeguarding South Africa’s most vital industries

An analysis of the statutory requirements for promoting employees in a fair manner

The promotion of employees within the workplace environment is a discretion enjoyed by employers to exercise as they see fit. It is generally accepted that the exercise of this discretion by the employer should not be infringed on lightly. In other words, employers should not be told whom they may or may not promote. [...]

2023-07-11T14:39:23+02:00June 16th, 2023|Arbitration, General, Labour Relations Act|Comments Off on An analysis of the statutory requirements for promoting employees in a fair manner

Indulging in Forbidden Fruit: Reserved for the Labour Appeal Court

The test for reviewing and setting aside an Award of the Commission for Conciliation Mediation Arbitration (CCMA) or that of a National Bargaining Council is whether the decision reached by the Commissioner/Arbitrator is one that no other reasonable decision-maker could have reached. This proposition has been articulated so often that it is now trite. [...]

2023-07-11T14:39:25+02:00June 16th, 2023|Arbitration, General, Labour Relations Act|Comments Off on Indulging in Forbidden Fruit: Reserved for the Labour Appeal Court
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