The various interpretations afforded to the "Deeming Provision" contained in Section 198A(3)(b) of the Labour Relations Act 66 of 1995 have been shrouded in confusion and uncertainty for a long time. However, the Labour Appeal Court decision handed down on 10 July 2017, reported as NUMSA v Assign Services and Others LAC Case No: JA96/16, [...]
In a perfect world, employers will first complete their employment checks and vetting process before the successful candidate is issued with an employment contract and before employment commences. However, there may be justifiable reasons why an employer needs to make an appointment on an urgent basis before the employment checks and vetting process has been [...]
Section 198B (3) of the Labour Relations Act provides that an employer may employ an employee on a fixed-term contract or successive fixed-term contracts for longer than three (3) months of employment only if – The nature of the work for which the employee is employed is of limited or definite duration; or The employer [...]
Employers have the right to retrench employees. This is regulated by Section 189 and 189A of the Labour Relations Act 66 of 1995. Due to the current economic climate, retrenchments have become more frequent for obvious reasons. Employers should ensure that their fixed-term contracts are managed correctly to avoid disputes, should they need to make [...]
One of the essential aspects of an employment contract is that the employee must perform specified and/or implied duties for the employer. The employer has the sole discretion to determine the duties to be performed and the standard to which those duties should be completed. Should an employee fail to meet the standard of performance [...]
Regular readers of the Consolidated Employers Organisation forums would be very familiar with the various manners in which the employment relationship can come to an end. The more common termination methods, to name a few, are dismissal for misconduct, dismissal for incapacity, dismissal for poor work performance, dismissal for operational requirements and then, of course, [...]
The issue of unilateral changes to employment terms and conditions has become a pressing one, as employers want to remain competitive during these challenging economic times. Having a proactive workforce that can adapt to operational changes is important. However, employers are cautioned to be mindful of the consequences of unilaterally changing employees’ working conditions without [...]
It may frequently happen that parties to a contract conclude a written agreement only to find later that there is an error in the agreement, and what has been stated in the agreement is not what either or both parties intended. The legal question is whether such an error is reasonable (iustus) and therefore excusable, [...]
In our recent articles, the Consolidated Employers Organisation has focused on the legislative framework that constitutes Labour law in South Africa. The framework of legislation is in place, amongst others, to protect the rights of both employees and employers by providing a framework of basic Labour Laws that must be adhered to, such as the [...]
In this series of articles, we have canvassed the concept of limited-duration contracts and the various legalities and nuances. For the purposes of this article, the focus will be on a slightly lesser-known type of limited duration contract, which is regulated in a different way and manner as opposed to the "ordinary" type of limited [...]