The New Face of Derivative Misconduct
NUMSA OBO NGANEZI & OTHERS // DUNLOP MIXING & TECHNICAL SERVICES (PTY) LTD 2019 ZACC25 The Dunlop case has given a new perspective and places a heavier burden on employers when dealing with the concept of derivative misconduct. In August 2012, members of NUMSA engaged in a protected strike for approximately a week. During [...]
Incapacity Processes – An Overview
We have noticed in recent months that many of our members are uncertain about incapacity proceedings. In September, we will be focusing on various incapacity processes. We will discuss their purpose and application. We hope that the information will be of value to our members and provide them with a greater understanding of the incapacity [...]
Has all sanity been abandoned, along with the rules, in the midst of COVID-19?
With terms like "business unusual" or "the new normal" being touted more and more frequently, are we expected to accept that existing rules simply don't matter or that they have been temporarily abandoned? Above is referring to the rules to which the Commission for Conciliation, Mediation and Arbitration (CCMA) are bound, essentially those that [...]
Concluding a Settlement Agreement after a S.197 Transfer of Business
Is an employer bound by a settlement agreement concluded after the employees have been transferred to the new employer? This is the question that the Labour Appeal Court had to answer in the matter between Fleet Africa (Pty) Ltd v Nijs [2017] 5 BLLR 450 (LAC). When the old employer (Fleet Africa) lost two [...]
Why refer a Demarcation Dispute?
Employers may not be aware that their business activities may fall within the scope of a bargaining council’s main agreement, or they may already be registered as an employer under the auspices of a specific bargaining council. Bargaining councils include, inter alia: the Metal Engineering Bargaining Council (MEIBC), the Road Freight and Logistics Bargaining [...]
Foreign Employees and Labour Disputes
South Africa has a number of legal and illegal immigrants working in all sectors across the economy. What rights do these workers enjoy, if any? Quite often, these workers could be paid low wages, deprived of employee benefits and dismissed without reason or procedure, as an employer could be under the impression that the [...]
Reporting under the Influence of Alcohol during COVID 19
The Department of Employment and Labour has issued numerous Directives that address the occupational health and safety measures to be implemented in the workplace in response to COVID 19 and in an attempt to minimise the risk of spreading the virus in the workplace. In terms of the above Directive, this includes inter alia [...]
I want money for my years’ service – The age-old request
I am sure that many employers, HR representatives, labour consultants and employers organisations' in South Africa have read or heard these words in a referral or at a CCMA/Bargaining Council sitting. This is a very common request by employees whose services have been terminated and even more so after the amendment of the LRA [...]
Skills Development in the workplace – a forgotten concept?
Many employers may have heard about the Skills Development Act of 2003, understanding that it is legislation impacting on the employment relationship. However, very few have an understanding of what this concept entails. Successful business owners may know that training plays a pivotal part in the success of their enterprises. It is therefore advisable that [...]
Does a fixed-term employment relationship automatically evolve into a permanent contract of employment if an employee works past the termination date?
Traditionally, the view is followed that, in the mentioned instance, such a fixed-term contract will automatically evolve into a permanent contract of employment. The Labour Appeal Court (LAC) did, however, follow a different route in the recent case of Ukweza Holdings (Pty) Ltd v Nyondo and Others (LAC). The respondent was employed on a [...]