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. [...]
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. [...]
A Trade Union’s Constitution is like a rule book from which the Trade Union is governed. The Oxford English Dictionary defines a “Constitution” as “A body of fundamental principles or established precedents according to which a state or organisation is governed.” It is also a well-established principle in South African Labour law that a [...]
Section 213 of the Labour Relations Act (LRA) defines a strike and its purpose as a resolution to a grievance or dispute about a matter of mutual interest. There are two types of disputes: A rights dispute and an interest dispute. A rights dispute arises when a person’s entitlement to something in terms of [...]
The point of departure when dealing with a matter of representation is first to identify and interpret the condition that is attached to it. Closed-Shop Agreements, as contained in Section 25 of the Labour Relations Act (LRA), refer to a Collective Agreement between a majority Trade Union and an Employer, which dictates that Employees [...]
The Constitution of the Republic of South Africa guarantees the right to fair labour practices. That right, in turn, includes the right of every worker to join a Trade Union; and every Trade Union has the right to determine its own administration. Section 1 of the Labour Relations Act, 66 of 1995 (LRA), specifies: [...]
You wouldn't expect a fiercely protective and passionate labour lawyer to have a soft spot for a good thriller movie, a fascination with Grey's Anatomy, and an undying love for face cream. But Carlene van der Lith, a Dispute Resolution Official at the Consolidated Employers' Organisation (CEO), is no ordinary attorney. Born and bred in [...]
The year 2023 stands as a testament to the trials and tribulations private business owners have endured. Besieged by the dual nightmares of incessant load-shedding and a less-than-stellar economy, further aggravated by a contentious National Minimum Wage adjustment, the resilience of South African Small, Medium, and Micro Enterprises (SMMEs) is being sorely tested. Stirring [...]
Collective Bargaining is a crucial aspect of Labour Law in South Africa. It involves negotiations between Employers and Employees or their respective representative bodies, with the aim of reaching an agreement on the terms and conditions of employment. Employers are often represented in these negotiations by Employers Organisations, such as CEO. One question that [...]
Dealing with disputes at Plant Level can be a complex and challenging process for Employers. Disputes that are not resolved efficiently and effectively can negatively impact productivity and Employee morale, resulting in financial losses and potential legal disputes. In this article, we will discuss the process that Employers should follow when dealing with disputes [...]