Introduction to Organisational Rights through a magnifying glass
In Hospersa and Zuid- Afrikaanse Hospital 7 (unreported CCMA award, 3 February 1997) cited in Du Toit et al (2015) 250 and Van Niekerk et al (2015) 373 the power play between Employer and Employees is described as: “Organisational rights which make it possible for a trade union to build up, consolidate and maintain a [...]
What is the role of the Commissioner when settling a matter at the CCMA?
The process of conciliation in respect of disputes is a mandatory process that seeks parties to a dispute to agree, on their own terms, as to how a dispute is to be settled. This tends to speed up the resolution of disputes, as parties do not have to wait 14 days for an award to [...]
Bargaining Agents and the Workplace
Section 213 of the Labour Relations Act defines a trade union as “an association of employees whose principal purpose is to regulate relations between employees and employers, including any employer’s organisation” which does not operate for private gain. These institutions are formed in terms of the Act and their primary role is to engage [...]
Poor work performance in the Workplace
Poor work performance is the failure of an employee to reach and/or maintain an employer’s work performance standards. Poor work performance is not based on fault and therefore can be differentiated from misconduct processes. Like ill-health, it falls under the heading of incapacity. In Gold Fields Mining South Africa (Pty) Ltd v CCMA and Others [...]
How Independent are “Independent Contractors” really?
It often happens that companies make use of independent contractors to render certain services for the company and although the company never intended such persons to be employees, they may still be regarded as employees. Companies often enter into “independent contractor” agreements with third parties for the rendering of certain services and are under [...]
Workplace forums – Do they actually “work” in South Africa
Collective Bargaining, where conditions of employment are determined, disputes are resolved and, generally relations between employers and employees are regulated, is firmly established in South African Labour relations. However, collective bargaining, which is adversarial by nature, has its limitations and rarely promotes the development of more co-operative relationships between employers on the one hand and [...]
Mutual Interest Disputes: When the Right to Strike is Unprotected
Introduction: What constitutes the basis of a matter of mutual interest is not defined within the provisions of the Labour Relations Act, but rather subject to interpretation on a case-to-case basis. What constitutes a mutual interest can broadly be understood as any action or conduct which has the propensity to affect the employment relationship between [...]
My Employee Wants to Resign, What Now?
It happens all too often that Employers find themselves at the CCMA, after former employees, who have resigned, refer disputes for unfair dismissals or constructive dismissals. Employers, upon their arrival at the CCMA to contest these matters, are often surprised by the allegations which their former employees now make, which have led them to [...]
Refusal to Bargain – What are the Employer’s Rights?
Item 4(1) of the Code of Good Practice: Collective bargaining, industrial action and picketing (hereinafter referred to as the Code), defines collective bargaining as “a voluntary process in which organised labour in the form of trade unions and employers or employer’s organisations negotiate collective agreements with each other to determine wages, terms and conditions of [...]
Automatically Unfair Dismissals
In addition to dismissals for misconduct, incapacity, and dismissals for operational requirements, the Labour Relations Act further provides for dismissals that are automatically unfair. Section 187 (1) of the LRA provides that a dismissal is automatically unfair if an employer, in dismissing an employee, acts contrary to Section 5 of the Act, (which confers [...]