A Warming World, A Chilling Job Market: Is South Africa’s Labour Force at Risk?
The impact of global warming on South Africa's labour force is a complex issue with both challenges and opportunities. However, the immediate and most significant consequences are predominantly negative, particularly for the agricultural sector, which [...]
The Why Behind the What
Representatives in the CCMA and relevant bargaining councils often raise various issues before a Commissioner, such as postponement requests, decisions on legal representation, or jurisdictional matters. When a Commissioner makes a decision on these issues, [...]
Leave Nothing to Chance
The pressures of business in a struggling economy result in a vast amount of time dedicated to enhancing business or even staying afloat. To add to the woes of struggling businesses, employers are also obliged [...]
Sex Work & Labour Rights
The debate surrounding the labour rights of sex workers is one of the most polarising issues of modern international labour law. With Belgium's recent decision to grant comprehensive labour protection to sex workers, many have [...]
On the Record
In the recent Labour Appeal Court case of Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) [2024] ZALAC 60 (21 November 2024), a municipal manager (the employee) at Moqhaka Local Municipality (the employer) was suspended [...]
Discretionary Bonuses & the Principle of Fairness
Discretionary annual bonuses are supplementary payments made by employers to employees, typically at the end of the year, prior to the festive season. Although this benefit should serve as an incentive for outstanding employee performance, [...]
The Importance of a Certificate of Representivity
The post-COVID-19 era has witnessed a decline in membership representation across many bargaining councils due to aspects such as business closures, which have significantly impacted the representativity of certain councils. Additionally, South Africa's high unemployment [...]
Threshold Agreements
The recent CCMA ruling in Solidarity obo Members / Sibanye Platinum Mine and Others ([2024] 10 BALR 1126 (CCMA)) reaffirms the critical role threshold agreements play in maintaining stability and fairness within collective bargaining frameworks. [...]
What Industry or Sector Does My Business Fall Under
Demarcation disputes play an important role in South African Labour Law, especially in the context of sectoral determinations and the classification of businesses within specific industries. These disputes arise when an employer believes their business [...]
Keeping the Faith (and the Job)
The recent judgments in Sayiti v Sun International Management Limited (JS1019-16) [2023] ZALCJHB 104; (2023) 44 ILJ 1613 (LC) (17 January 2023) and Sun International Management Limited v Sayiti (JA13-23) [2024] ZALCJHB 411 (21 October [...]
Clear Boundaries: Supporting Disabilities While Enforcing Discipline
Section 6 (1) of the Employment Equity Act 55 of 1998 (EEA), as amended, provides that no person may unfairly discriminate, directly or indirectly, against any Employee in any employment policy or practice. Such discrimination [...]
Lady Justice – Upholding Fairness in Labour Disputes
Artwork, sculptures and statues depicting the “Lady of Justice” are found throughout the world. Lady Justice is a symbolic representation of unbiased decision-making and protection of the law. Depicted as a blindfolded woman holding a [...]
Transfer as a Going Concern or an Automatic Unfair Dismissal
One condition of a valid agreement is consensus between parties to the agreement. The Labour Court echoed these sentiments in Motor Industry Staff Association and Another v Eastvaal Motors (Pty) Ltd (JS927/2019) [2024] ZALCJHB 256 [...]
It’s the Subtle Things
At some point, we have all heard the phrase, “It’s not about what you say, it's about how you say it.” In the modern working environment, this sentiment most certainly rings true, especially in relation [...]
Work Smarter, Not Harder
As the end of the year approaches, employers and employees often find themselves drowning in deadlines, unfinished projects, and the scramble to meet annual goals. This last stretch of the year is notorious for increasing [...]
Lessons from Legal Precedent – Allegations of Victimisation & Dismissal for Union Activities
In this case, the Respondent argued that the individual Applicants were dismissed for allegedly intimidating their colleagues into joining the Association of Mineworkers and Construction Union (AMCU). On the other hand, AMCU claimed that the [...]
Use It or Lose It
The Basic Conditions of Employment Act (BCEA) regulates annual leave in South Africa. The BCEA provisions for annual leave do not apply to employees who work fewer than 24 hours per month for an employer. [...]
Broadening employer representation in the Civil Engineering Industry
"You can't play a symphony alone, it takes an orchestra to play it." This quote by Navjot Singh Sidhu perfectly encapsulates the essence of a recent arbitration award that has significant implications for employer representation [...]