The establishment and determination of picketing rules in terms of the CCMA processes

Amongst the various CCMA processes, the establishment and determination of picketing rules is an important process that employers often do not know enough about. When the term “picketing” is brought up, it is associated with strikes and lockouts – but what is picketing, and why is it important to regulate with rules?   Picketing is [...]

December 17th, 2020|Strikes|

Bonus: Are all employees entitled to a bonus or 13th cheque?

This has been a difficult year for everyone and now more than ever, employers are struggling to not only maintain their staff compliment but pay staff additional extras such as bonuses. The payment of bonuses, especially the 13th cheque or year-end bonuses, has always been quite a controversial issue because the majority of employees assume [...]

December 15th, 2020|Contracts|

Does the CCMA and Bargaining Councils have jurisdiction to entertain a dismissal dispute when a Full and Final Settlement has already signed?

The employer and employee enter into a Full and Final Settlement agreement to mutually and amicably terminate the employment relationship between them, but a few days later the employer receives a referral or even a Notice of Set down from the CCMA or the Bargaining Council indicating that the employee was unfairly dismissed.   Does [...]

December 15th, 2020|Dismissal|

What Is A Pre-Dismissal Arbitration?

When thinking of the CCMA, one immediately thinks of a dismissed employee lodging a complaint against their former employer. There are, however, many other services provided for by the CCMA that are not as well known or as popular.   An example hereof is a section 188A (LRA) process, Inquiry by an Arbitrator, also sometimes [...]

December 14th, 2020|Arbitration|

Annual leave during December and failure to return to work

As the festive season fast approaches it is important that employers are fully informed of all issues relating to annual leave. Issues surrounding annual leave tend to become more common during this time.   The conclusion of an employment contract creates reciprocal rights and obligations between employer and employee and the parties to an employment [...]

December 11th, 2020|Contracts|

Avoiding the “retrospective reinstatement stick”

Section 193 of the Labour Relations Act provides the remedies available to individuals who have been unfairly dismissed or have suffered an unfair labour practice.  One of these remedies, where an unfair dismissal is applicable, is that of the so-called “retrospective reinstatement” of an employee.   Subsection 2 states that: The Labour Court or the [...]

December 9th, 2020|General|

Demarcation Disputes and What They Entail

South African law makes provision for certain sectors or industries of employees and employers wherein they operate. Bargaining Councils are normally registered and act as the central figure, which regulates issues relevant to employment in these sectors or industries. In the context of labour disputes, this usually means that these Bargaining Councils have sole jurisdiction [...]

December 7th, 2020|General|

How does the award of compensation work at the CCMA? I received an adverse award in which my former employee was granted compensation, what is considered when granting such an award?

If an employee refers an unfair dismissal dispute to the CCMA and is successful after arbitration, the employee is entitled to either reinstatement (with or without back-pay), re-employment or compensation in terms of section 193 of the Labour Relations Act (No 66 of 1995).   In terms of s193(1) of the LRA, the remedy that [...]

December 3rd, 2020|General|
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