Protecting your Business and your Employees – The Importance of Loyalty and Trust
In this article of our “Mind Your Own Business” series, we shift our focus to a crucial aspect that underpins a thriving and sustainable work environment - the importance of loyalty and trust in [...]
Protecting your Intellectual Property – Important lessons from the EOH Judgment
In our continuing our series, “Mind Your Own Business”, this article explores the crucial aspect of protecting your intellectual property (IP) in the workplace. Intellectual property encompasses intangible assets such as patents, trade marks, [...]
The nexus between Restraint of Trade Clauses and Unlawful Competition – A Case Study
In our previous article, we emphasised the importance of proper employment contracts and highlighted the significance of including clauses relating to restraint of trade agreements – all aimed at adding an extra layer of [...]
The importance of having proper Employment Contracts that include a focus on Restraint of Trade Clauses
As a business owner, protecting your business and its interests is paramount to ensuring long-term success in the competitive South African labour market. One of the crucial steps in achieving this goal is having [...]
What steps need to be followed upon receipt of the Trade Union demands?
It is common knowledge that trade unions are recognised within the 1996 Constitution of South Africa, which provides for the right to join trade unions and for unions to bargain collectively and have the right [...]
The Great Balancing Act. Mastering the Risks and Rewards of AI in your Business
Decoding ChatGPT: Your new digital teammate, not a stand-in. Artificial Intelligence (AI) is the hot new hire in businesses worldwide, and if you're an ambitious entrepreneur in South Africa, you've likely caught on to [...]
Caught in Suspension. The dilemma of awarding performance bonuses when there are evaluation hurdles
In the recent case of Moraka / Road Accident Fund (2023), 32 CCMA 6.7.4 also reported at [2023] 7 BALR 786 (CCMA), it was determined that although the employee was suspended and their performance [...]
Temporary Employment Services and Organisational Rights
Temporary Employment Services (TES) have become increasingly popular in South Africa due to their flexibility and cost-effectiveness. However, due to their unique nature, governing legislation such as the Labour Relations Act as well as [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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, [...]
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 [...]
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 [...]
You Cannot Defy Your Constitution! Or Can You?
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 types of demands are Trade Union Members entitled to Strike over?
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: [...]
How Closed-Shop Agreements Impact Representation
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 [...]
The Employee’s Right to Unionise and Trade Union Representation of Non-Members
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 [...]
What process needs to be followed to resolve disputes at Plant Level?
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 [...]
What process needs to be followed to resolve disputes at Industry Level?
Collective Bargaining has become an integral part of labour relations in South Africa. Industry Level Collective Bargaining occurs when organised labour in the form of Trade Unions negotiate with Employers or Employer Organisations such [...]
What factors do Arbitrators consider when determining whether a sanction is appropriate?
In an Arbitration relating to misconduct, a Presiding Commissioner must ultimately determine whether the sanction issued at the disciplinary hearing was fair and appropriate. The Guidelines on Misconduct Proceedings, published by the Commission for [...]
What are an Employers’ Rights and Limitations during a Strike Action?
Many scenarios may come to mind when one thinks of the word “strike”. However, few have considered how this action affects an Employer and their business. The Labour Relations Act (LRA) defines a strike [...]
Who is allowed to embark on a Strike when parties reach a deadlock at National Level?
The Labour Relations Act (LRA) defines a strike as “The partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the [...]
Why am I being asked to settle my CCMA case?
As an Employer in South Africa, you may have received a call from an Official requesting your mandate to settle a dispute referred to the Commission for Conciliation, Mediation, and Arbitration (CCMA). This can [...]
We’ve Reached a Deadlock. Now What?
When parties cannot reach an amicable agreement or solution, a "deadlock" occurs. Before parties accept that a deadlock has been reached, they should consider the possible consequences. If parties cannot resolve the dispute through [...]
Should an Employer conduct a feasibility study prior to the commencement of negotiations?
Employment relationships rarely remain unchanged for prolonged periods. Employer’s requirements may occasionally vary, necessitating an employment contract amendment. Alternatively, Employees may feel the need to have their contract of employment amended for some reason. For [...]
Taking Proactive Steps when Receiving a Compliance Order
Whether an Employer operates within the scope of the Basic Conditions of Employment Act (BCEA) or is regulated by a Bargaining Council and its consequent Collective Agreement, compliance is a prerequisite that no Employer can [...]
Understanding National Level Bargaining in South Africa
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 [...]
Can you dismiss an Employee for failing a polygraph test?
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 [...]
The role of Collective Bargaining in South Africa
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 [...]
Refusal to work overtime does not amount to insubordination
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 [...]
Plant-Level Negotiations
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 [...]
Why consistency is key in dealing with workplace misconduct
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 [...]
The importance of witness testimony at Arbitration proceedings
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, [...]