What Happens When You Retire from Retirement?
It is generally difficult in these times for a person to retire comfortably, and according to the South African Treasury, it is estimated that only 6 out of 100 South Africans can retire comfortably. In the current state of our economy, it makes it even more difficult. It is sometimes necessary for someone to work [...]
Entering into an employment contract – Where to start and what to remember
The status of an employee must be established from the beginning of the employment relationship, be it permanent, fixed term or temporary. Once the employee's status has been determined, it is essential to specify the particulars of the employment relationship. Although a written contract is not a prerequisite for a valid employment contract, it is [...]
CEO Compilation – Issue 7
Now that we have concluded the standard processes of the CCMA, both informal and formal, both voluntary and statutory, we will be looking at what comes after the CCMA process has been completed and then, finally, what types of “out of the ordinary” processes/referrals one can encounter at the CCMA, in this, our 7th Compilation. [...]
Reporting delayed is not necessarily justice denied (Sexual Harassment)
Sexual harassment is unwanted conduct of a sexual nature. The unwanted nature of sexual harassment distinguishes it from behaviour that is welcome and mutual. In the matter of Solidarity obo B v South African Police Service and Others (P 03/19) [2022] ZALCPE 26, Captain B was employed by the South African Police Service (SAPS). During [...]
When is it simply not working out: An overview of incompatibility in the workplace
A profound statement was made in Jabari v Telkom SA (Pty) Ltd 2006 10 BLLR 924. It was said that "An employer has the prerogative to set reasonable standards pertaining to the harmonious interpersonal relationships in the workplace". This reintegrated the importance of good working interactions and relationships among colleagues. Each company has its own [...]
The Impact & Challenges that a Company Faces when an Employee Leaves
One of the difficulties an employer may face in business is staff turnover, which can lead to a loss of operational capacity and skills needed to perform a business's functions, ensuring productivity. Continuity is essential for the effective operation of a business. It may cost an employer time, effort, and money to find a new [...]
Practical guidelines: The Review Application
Once an arbitration hearing has been finalised at the Commission for Conciliation, Mediation and Arbitration (CCMA) or relevant Bargaining Council, the Commissioner will issue an arbitration award. The arbitration award will set out the Commissioners finding and the brief reasons for the finding. In most cases, the employer will be aggrieved by an unsuccessful award [...]
The face behind the mask – The harsh reality of cost orders
We live in a time where it is not unprecedented for parties to refer labour disputes to the Courts, CCMA or Bargaining Councils. Daily, parties disagree, and labour disputes arise (whatever the reason may be), and this will surely happen in the foreseeable future as well. With the number of labour disputes being referred and [...]
What documents do I need to complete when an employee leaves?
When a contract of employment is terminated, there are various processes that the employer needs to implement. Aside from the internal processes such as removing the employee from the payroll system, disabling passwords and accounts and collecting company assets, there is the processing of documentation such as the certificate of service, the employee's UI-19 and [...]
To Ballot or not to Ballot – That is the Question
It is settled law that a union can call a strike or embark on industrial action if there is a dispute regarding matters of mutual interest. Many employers, however, raise the question of whether their employees desire to embark on industrial action at the expense of losing their wages. As much as this is a [...]