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 [...]

March 23rd, 2021|General|

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 [...]

March 18th, 2021|Strikes|

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 [...]

March 17th, 2021|Resignation|

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 [...]

March 15th, 2021|General, Labour Relations Act|

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 [...]

March 10th, 2021|Dismissal|

What constitutes a matter of mutual interest with reference to a strike?

One of the purposes of the Labour Relations Act ("LRA") is to lay the foundation for orderly collective bargaining between employees and their trade unions and employers and their employers' organisations about wages, terms and conditions of employment and other matters of mutual interest.  Orderly collective bargaining, therefore, necessitates the employees' and trade unions' right [...]

March 8th, 2021|Strikes|

Do illegal immigrants employed without work permits have legal rights in South Africa?

Employing an illegal immigrant or an employee without a work permit has serious consequences for employers. There is a perception that illegal immigrants or employees without work permits do not enjoy any benefits of protections in terms of the labour relations laws in South African. This is a misguided perception, and employers should not be [...]

March 3rd, 2021|Labour Relations Act|

Understanding the right to “Freedom of Association” in the Collective Bargaining arena

Collective bargaining takes place when one or more employers engage on matters of mutual interest with one or more employee collectives (usually a trade union). Parties will bargain over, inter alia, terms and conditions of employment at either plant level, company level or industry sector level.   The LRA recognises three institutions to represent parties [...]

March 1st, 2021|General|
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