National Level Bargaining in South Africa is a form of Collective Bargaining between large Trade Unions and Employer Organisations at a national level. This means that negotiations on employment conditions and terms of work, including wages and benefits, occur between prominent Trade Unions and Employer Organisations, as opposed to negotiations at an individual workplace level. [...]
Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be asked, “Can an Employer dismiss an Employee solely for failing a polygraph test? Under what circumstances can it be used? And when can an Employer rely on the results of a polygraph test?” In answering these questions, it [...]
Historically, there has always been unequal bargaining power between Employers and Employees. Employers are seen as having greater authority in the workplace, and the rights as conferred in the Labour Relations Act (LRA) are necessary to level the playing field. Section 23 of the Constitution of the Republic of South Africa gives everyone the right [...]
At the core of any Employer-Employee relationship emanates a common law duty of an Employee to render services to an Employer; however, it happens every so often that the Employer will require the Employee to render services beyond their contractual hours, commonly known as “overtime”. Overtime is essentially an instruction that requires an agreement, an [...]
What process should be followed when it comes to Plant-Level Negotiations? Plant-level negotiations can best be described as formal discussions between Employers and Employees who have different aims or intentions, particularly in the workplace, during which they try to reach an agreement. This form of negotiation within a specific workplace can be conducted informally in [...]
Dispute Resolution Official, Chris Pio’s choice of Sapiens: A Brief History of Humankind by Yuval Noah Harari as his favourite book would suggest that he has a deep interest in the history of humanity and its impact on the present and the future. This philosophical approach to life and work is likely to influence his [...]
A term often heard in the context of applying discipline in the workplace is the word "consistency" or its opposite, "inconsistency." The term “consistency” should be seen as "treating like with like" or "measuring all by the same standard". In other words, it would be unfair to treat people who have committed similar acts of [...]
The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers’ burden of proof, the value of witness testimony, and the consequences of failing to produce a witness? An Arbitration is a process whereby both parties present evidence supporting [...]
In the case of Bidvest Protea Coin (Pty) Ltd v South African Transport and Allied Workers Union and Others (2023) 32 LAC 1.11.12 also reported at [2023] 3 BLLR 195 (LAC), the Employee was a security guard that was stationed at a casino. The Employee was instructed to escort a wanted man to an interview [...]
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 [...]