The Pitfalls to Avoid During the Implementation of Fixed-Term Contracts
In terms of Section 198B(1) of the Labour Relations Act (LRA), a fixed-term contract is defined as “a contract of employment that terminates on the occurrence of a specified event, the completion of a specified [...]
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 [...]
From Pixels to Practical Insight: How to Level Up Your Leadership (A Millennial Gamer’s Guide)
In contemporary leadership, one generation emerges as a force to be reckoned with. Millennials (aged 27 to 42 as of 2023), often portrayed as tech-savvy and unconventional, have swiftly ascended the ranks in various industries, [...]
Elevating Equity: Addressing Unfair Discrimination and Constructive Dismissal, Illuminated by Chetty v Baker McKenzie
In the ever-evolving landscape of labour law in South Africa, employers face the complex challenge of maintaining a workplace that is not only productive but also fair and inclusive. Alleged unfair discrimination leading to a [...]
Constitutional Court denies NEASA and SAEFA Leave To Appeal in major victory for SMMEs in the Metals Industry
In a pivotal ruling on 25 August 2023, the Constitutional Court dismissed the leave to appeal sought by NEASA and SAEFA. This follows the rejection of their previous appeals by both the Labour Court and [...]
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 [...]
How Managerial Emotional Intelligence Drives Optimal Organisational Performance
The modern working environment has evolved into such a dynamic and diverse environment that the role of a manager has evolved to much more than just overseeing tasks and operations. The effectiveness of managers, and [...]
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 [...]
Think twice before lodging falsified grievances
The work environment is teeming with different personalities and opinions, and it is for this reason that one might encounter an issue with other Employees in the workplace. To combat these issues, a structured system [...]
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 [...]
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 [...]
Was this the War or just the First Battle?
"I have cherished the idea of a democratic and free society in which all persons live together in harmony and with equal opportunities" – Nelson Mandela. Could this be the turning point that guides [...]
High Court declares Zimbabwe Exemption Permit termination unlawful
The ongoing saga pertaining to the Zimbabwean Exemption Permit (ZEP) and the validity thereof finally came to a conclusion on Wednesday 28 June 2023. Following a recent announcement by the Department of Home Affairs [...]
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 [...]
South Africa’s Employment Equity Targets: A Necessary Struggle or Misguided Interference?
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 [...]
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 does an Employers’ Organisation do to help businesses like yours?
Usually, in this article segment, Consolidated Employers Organisation (CEO) would post an article on a pressing or current issue in the employment law arena or some recent development in case law or the like. [...]
Amendments to the Postponement Application Process at the CCMA
It does happen that Employers find themselves being requested to attend the Commission for Conciliation, Mediation and Arbitration (CCMA) for a case but are unable to do so. This could be for many reasons, [...]
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 [...]
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 [...]