Future-Proofing the Workforce

There has been an undeniable shift in the use of technological advances in the workforce. Leveraging these advances has proven to be not only beneficial in performing tasks but absolutely crucial. Technological advances such as [...]

Balancing Flexibility and Stability

The origins of employment relationships derive from principles of Common Law and remain the basis of employment relationships in labour relations as they exist today.  Many of the provisions of the Common Law employment contract [...]

Maximising Time Off

Annual leave is vital to all employees' well-being, offering them a much-needed respite from their daily work endeavours. Embedded within South Africa’s labour framework, the Basic Conditions of Employment Act (BCEA) outlines the rights and [...]

Breaking Barriers: Ensuring Workplace Equality

As we evolve and embrace diversity, we recognise the importance of acknowledging every individual and their differences. Fortunately, South Africa stands as a beacon of upholding human dignity and celebrating every individual’s diversity. South Africa’s [...]

Leadership & Social Justice

In business today, the pursuit of success goes hand in hand with a commitment to social justice. At the forefront of this movement are business leaders who understand that true prosperity comes from fostering inclusivity, [...]

TikTok? Rather not

It is a new age, and Generation Z, aptly known as Zoomers, are beginning to make up a large part of the workplace. With that comes employees who actively engage in all forms of social [...]

Planning Ahead – The Workforce & Its Importance

Throughout this current series of articles, words such as “strategy”, “leadership”, “change”, and “organisational performance” have been used extensively. It is easy to understand why since the modern business or workplace constantly needs to adapt [...]

Resign, or I’ll Have to Report You

As an employer, you may encounter challenging scenarios involving employee misconduct within your workplace. It's imperative to understand that certain acts of misconduct not only breach company disciplinary codes but also constitute criminal offences under [...]

Digitalisation of the Workplace

In the wake of the pandemic, the benefits of digital adoption have become increasingly apparent to organisations. The ability to conduct business remotely, facilitated by technological advancements, has prompted many businesses to embrace a hybrid [...]

Keep Watering the Grass

The modern workplace or business environment is nothing like it was in yesteryears when employees started from the bottom and worked their way up to the top after thirty to forty years of selfless dedication [...]

Aligning Annual Wage Increments with External Realities

South African businesses faced a multitude of challenges during the preceding financial year. Load shedding posed a significant obstacle, disrupting operations and increasing costs. The railway freight logistics sector also grappled with security challenges, including [...]

Beware! The Agents are coming!

Section 213 of the Labour Relations Act defines a collective agreement as: “A written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade [...]

Crafting a Culture of Training Excellence

The synergy between practical training and employee engagement in South Africa's workplaces is the bedrock of organisational success. Employers who understand the intricate dance between nurturing talent and fostering a culture of engagement often find [...]

Optimising Skills Development

Continuing with our theme from last week’s article, skills development stands as a strategic investment for organisations aiming to achieve and maintain a favourable B-BBEE level while adhering to the requirements of the Skills Development [...]

Sun, Sweat, and Protection

There are instances in which the services of employees are required not only for a specific period but also for a specific occasion. The limited duration of the need of employees would necessitate that they [...]

Harvesting Rights

In the South African landscape, the conditions of employment are contained in the Basic Conditions of Employment Act (BCEA). The BCEA is a nucleus that regulates and gives effect to fair labour practices as envisioned [...]

Fair Work, Fair Home

A domestic worker refers to someone who is remunerated for performing domestic work in a private household. This includes individuals providing cleaning services, gardening, and caring for children, the elderly, or those who are sick, [...]

Greening the Workplace: ESG In South Africa

The escalating focus on Environmental, Social, and Governance (ESG) factors is reshaping the landscape of business operations globally. South African businesses, in tandem with the rest of the world, are integrating sustainability into their core [...]

Whose Mandate Is It Anyway?

Settlement agreements are an integral part of the dispute resolution process. Whenever there is a dispute, whether in the CCMA or internally in the workplace, the parties to the dispute are encouraged to settle disputes [...]

Rescissions During the Festive Period

The festive season is a time of joy and celebration. However, while you might enjoy some time on the beach with your family and friends, the CCMA is still operational and proceeding with cases. If [...]

‘Tis the Season to be Responsible

With the festive season soon approaching, many employees are counting down the days until they can close their business doors for 2023 and commence their annual leave. Unfortunately, for some, the festive season is either [...]

Away for the Holidays

As you savour your well-deserved holiday following a busy year, the last thing you want is to cut your vacation short to travel back for a CCMA matter. The good news is that the Commission [...]

Navigating the Holiday Landscape

As the holiday season approaches, employees and employers alike find themselves preparing for a well-deserved break. However, the festive period can bring about unexpected challenges, especially if your workplace temporarily closes its doors. In this [...]

Big Little Lies: Why Being Honest On Your CV Is Important

Standard practice has always been that one’s Curriculum Vitae (‘CV’) should be an accurate and up-to-date representation of one’s professional career. This allows prospective employers an opportunity to make informed decisions for their respective companies. [...]

Sometimes, Goodbyes Don’t Cost a Thing

In terms of Section 41(4) of the Basic Conditions of Employment Act (BCEA), an employee who is dismissed for operational requirements is not entitled to severance pay if the employee “unreasonably refuses to accept the [...]

Killing Time Might Kill Your Case

Intoxication in the workplace and employees reporting for duty under the influence are considered serious forms of misconduct. Employers routinely grapple with such offences. Recently, there have been cases involving intoxicated employees that have garnered [...]

OK, I’m Ready to Settle the Dispute

The primary function of the CCMA is to embark on consensus-seeking processes to resolve labour disputes. This is achieved by the assigned commissioner engaging with the parties, establishing the issues in dispute, and then attempting [...]

The Benefits of Having an Employment Equity Plan in Place

Employment Equity ensures that suitably qualified individuals from designated groups (previously disadvantaged and those discriminated against in the past) have equal opportunities and are equally represented in all business levels and categories across different workplaces. [...]

Sustaining Employee Motivation

Upon reflection, it seems unreal how fast this year has progressed already. While spring is in the air, it also serves as a stark reminder that the last few months of the year will speed [...]

The Long and Short of Short-Time

Short-time work, a strategic response to economic fluctuations, plays a pivotal role in South African labour law. This article aims to delve into the legal intricacies and practical considerations of short-time work, providing comprehensive guidance [...]

I’ve been laid off… Am I suspended?

Short-time work and lay-off can be considered an alternative to retrenchment; this became more prevalent since the Covid-19 pandemic when employers were forced to re-evaluate their business operations, some still recovering three years later, with [...]

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 [...]

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 [...]

  • CCMA Process

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 [...]

  • What happens when parties reach a deadlock at a National Level?

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 [...]

  • Collective Bargaining in South Africa

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 [...]

  • Plant-Level Negotiations

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 [...]