Whose dispute is it anyway? The enforcement of the New National Minimum Wage Act 9 of 2018 and the conflict with the enforcement of the Bargaining Council main collective agreements.
The National Minimum Wage Act 9 of 2018 was promulgated with the aim of advancing economic development and social justice by improving the wages of the lowest-paid workers and protecting workers from unreasonably low wages. To this end, the current minimum wage stands at R20.76 per hour regardless of whether a worker falls under a [...]
Unexpected Addition to the Food Industry Menu
The BCFFRCAT has grabbed a bite to eat out of the food industry. On the 08th of January 2021, the Minister of Employment & Labour extended the main agreement of the Bargaining Council for the Fast Food, Restaurant, Catering & Allied Trades (BCFFRCAT) to non-parties in the industry. This was done under Government Gazette 44058 [...]
Health and safety in the workplace – not a stagnant concept
As employees initially returned to the workplace after more than a month in hard lockdown, CEO published material on Health and Safety in the workplace, action plans going forward and helpful risk-mitigating measures. These are all good and well, however, considering the alarming fact that cases are now reaching an all-time high, employers need to [...]
Commissioners at the CCMA, their conduct and powers
Conduct of commissioners Commissioners are appointed by the Governing Body of the CCMA to facilitate, mediate, arbitrate, prevent, and settle industrial disputes. Each provincial office has a team of full-time commissioners supported by an additional complement of part-time commissioners. Convening Commissioners (CSC's) have been appointed in each province to monitor the professional standard of the [...]
Section 73A of the BCEA – Disputes regarding National Minimum Wages
Section 73A of the BCEA came into effect on 1 January 2019 and provides that employees earning below the threshold of R 205 433.30 per annum, may now refer disputes to the CCMA relating to employers' failure to pay any amounts owing to that employee in terms of the Basic Conditions of Employment Act, the [...]
Employers are not abandoned without a paddle
‘Laws are here to protect employees whilst employers are left to suffer’ is a belief held by many an employer. This belief, however, is not always the case. An employer’s remedy to discipline an employee is well-founded, but what numerous employers remain oblivious to are their other remedies founded in law. As stated by Waglay [...]
An employee’s responsibility to disclose unfair discrimination to the employer and the consequences for not doing so
Despite South Africa transitioning into a democracy 27 years ago, discrimination often rears its ugly head in South African society which is frequently reported by media houses and is received by the public with the sensationalism that it deserves. The Employment Equity Act 55 of 1998 was drafted with the noble intention of eradicating unfair [...]
The inner workings of Section 73A of the Basic Conditions of Employment Act
Purpose: Section 73A of the Basic Conditions of Employment Act (“BCEA”) confers jurisdiction on the CCMA to conciliate and arbitrate disputes in which employees earning below the prescribed threshold may claim monies owing to them in terms of the National Minimum Wage Act, the BCEA, a collective agreement, a sectoral determination or contract of employment. [...]
‘Tis the season to be jolly – but rules still apply: can an employer discipline employees for conduct occurring outside of working hours?
As the year comes to an end and everyone is in a festive spirit, employers and employees are often under the misimpression that no action can be taken against an employee who commits misconduct outside of normal working hours. This is not the case. Should an employee’s conduct outside of the workplace and normal [...]
Facilitation Process (189A)
A facilitation process is a process that can be referred either by an employer or representative trade union of employees who are likely to be affected by a large-scale retrenchment process under section 189A of the Labour Relations Act. In order to start the process, either party has to notify the CCMA in writing [...]