The “Company” you keep
A workplace is an environment wherein an individual should thrive. There are, however, incidences which are pitfalls in employment. This article explores these potential pitfalls during employment, such as, incorrect application of probation clauses, failing to consistently apply disciplinary action and what happens if an employee does not fit the organisational culture of the workplace. [...]
Section 73A Disputes – Don’t let the rugby referee officiate the soccer match; make sure your game ball is on the right field
Employers are often called to appear at the CCMA after failing to pay an employee's outstanding money. A dispute in terms of Section 73A of the Basic Conditions of Employment Act 75 of 1997, as amended, will be set down as an unobjected Con/Arb process. This means that should parties fail to resolve their dispute [...]
Jurisdiction of the CCMA to determine an alleged breach of Section 34(2) of the BCEA
It frequently occurs that employers make deductions in terms of Section 34(1) of the BCEA. These deductions are usually for staff loans, damages to company property, traffic fines and sometimes the excess arising from an accident. If an employee disputes this deduction, they would ordinarily refer a Section 73A dispute to the CCMA; however, in [...]
The effect employee-performance management has on employee success
There are diverse types of management styles in the workplace. New research by the consulting firm Hay/McBer found six distinct leadership styles, each springing from different components of emotional intelligence. The styles, taken individually, appear to have a direct and unique impact on the working atmosphere of a company, division, or team and, in turn, [...]
Oh, my deduction!
The Basic Conditions of Employment Act seeks to provide protection of an employment relationship and give effect and regulate labour practices for it to be fair. Section 34 deals with deductions and other acts concerning remuneration. It states that an employer may not make any deduction from an employee’s remuneration unless: - (a) the employee [...]
Temporary Employment Services – the sole employer approach preferred by the Courts
The various interpretations afforded to the "Deeming Provision" contained in Section 198A(3)(b) of the Labour Relations Act 66 of 1995 have been shrouded in confusion and uncertainty for a long time. However, the Labour Appeal Court decision handed down on 10 July 2017, reported as NUMSA v Assign Services and Others LAC Case No: JA96/16, [...]
The importance of creating a positive environment in the workplace
Many employees will spend the majority of their day at their workplace. It, therefore, forms an integral part of one’s life. The workplace environment will impact various aspects of an employee’s well-being. A workplace that resonates with positivity will contribute to a healthier environment and a more productive atmosphere. Employers, who expect the maximum from [...]
Overtime and the bottom line
For many enterprises, the wage bill represents a significant expense, often the most considerable single monthly expense. The affordability of the expense can be debilitating for many smaller companies. The situation may further be compounded by the need to pay overtime; as many employers know, overtime is a costly exercise. Although overtime should be an [...]
Let’s agree to disagree
Negotiations between the employer and Trade Unions are never straightforward. Whether negotiations relate to wages, collective agreements, bonuses, or allowances, finding common ground is generally a tense and lengthy affair. The main aim of negotiation is to resolve the dispute between the parties amicably. The preferred outcome is the opportunity to resolve the dispute at [...]
The importance of the onboarding process, engaging with the company mission and vision, as well as policies and practices
After effective recruitment and selection, one of the most important ways organisations can improve their talent management systems is through the strategic use of onboarding. Onboarding refers to the processes in which newly appointed employees are integrated into the organisation. Onboarding is often confused with orientation. While orientation is necessary for completing paperwork and other [...]