General

The importance of witness testimony at Arbitration proceedings

The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers’ burden of proof, the value of witness testimony, and the consequences of failing to produce a witness? An Arbitration is a process whereby both parties present evidence supporting [...]

2023-03-27T14:32:15+02:00March 27th, 2023|Arbitration, General|0 Comments

Does ‘Full and Final Settlement’ signal the end of a labour dispute?

How to ensure Employers are covered when signing a full and final settlement or mutual termination agreement. A settlement or mutual termination agreement is a contractual agreement where parties agree to terminate the employment relationship. This contractual agreement is neither a dismissal nor a resignation. This agreement is mutually consented to as a recourse to [...]

2023-03-20T11:56:01+02:00March 20th, 2023|General|Comments Off on Does ‘Full and Final Settlement’ signal the end of a labour dispute?

Failing to prepare is preparing to fail

A guideline for proper preparation of CCMA and Bargaining Council matters. The old saying goes, “by failing to prepare; you are preparing to fail”. This is why Employers must prepare timeously for their CCMA or Bargaining Council matters to successfully mediate or arbitrate a case to the benefit or success of the Employer. How does [...]

2023-03-13T09:41:24+02:00March 13th, 2023|General|Comments Off on Failing to prepare is preparing to fail

Flouting Immigration Laws: The effect of South African labour legislation on foreign employees

Labour legislation cannot be circumvented merely because an Employee is a foreign national. The employment of foreign nationals in South Africa is regulated by the Immigration Act 13 of 2002, as amended. This Act, inter-alia, provides for matters connected with the ability of foreign nationals to work in South Africa. In accordance with the provisions [...]

2023-03-13T09:43:22+02:00March 6th, 2023|General|Comments Off on Flouting Immigration Laws: The effect of South African labour legislation on foreign employees

What are the consequences if an employer fails to report an injury on duty?

It is common cause that when an employee gets injured during the course of employment, it will be classified as an injury on duty. Any employer with one or more employees employed must register with the Compensation fund. The Compensation fund for Occupational Injuries and Disease Act (COIDA) 130 of 1993 regulates and enforces the [...]

2023-02-27T12:36:25+02:00February 27th, 2023|General|Comments Off on What are the consequences if an employer fails to report an injury on duty?

Consolidated Employers Organisation: Amendments to the Constitution

Dear Member Please note that the Organisation hereby gives notice to all its Members of its intention to amend the Constitution. The amendment will be done in accordance with clause 28 of the Constitution. Clause 2.1 of the Organiastion's Constitution reads as follows: 2.1 The "Association" shall mean the Consolidated Employers Organisation (CEO), and its [...]

2023-02-21T10:55:09+02:00February 21st, 2023|General|Comments Off on Consolidated Employers Organisation: Amendments to the Constitution

Why do employers fail to issue UIF documentation and service certificates to employees?

It frequently happens that employers are required to attend the Commission for Conciliation, Mediation and Arbitration (CCMA) under the auspices of referrals, such as Section 73A disputes, which can sometimes be quickly resolved by providing the employee with their UI19 documents and certificate of service. These issues can be very inconvenient for an employer as [...]

2023-02-20T12:34:59+02:00February 20th, 2023|General|Comments Off on Why do employers fail to issue UIF documentation and service certificates to employees?

Disciplinary action & the withholding of benefits, do I sense double jeopardy?

When an employee commits misconduct, the employer must take disciplinary action against that employee. In some cases, employers also deduct the employee’s remuneration or withhold certain benefits as punishment. Can this be regarded as double jeopardy? Is an employee being punished twice for the same offence? In Solidarity obo K Oelofse vs Armscor (Soc) Ltd [...]

2023-02-14T15:15:59+02:00February 14th, 2023|General|Comments Off on Disciplinary action & the withholding of benefits, do I sense double jeopardy?

Unlawful deductions when employees are dismissed

Upon termination of the employment relationship between an employer and an employee, a final payslip will be issued to the employee, which may indicate certain deductions. These deductions are often met with dissatisfaction and misunderstanding from employees who tend to seek some form of relief. Although certain deductions to an employee’s salary are permitted, employers [...]

2023-02-09T14:12:51+02:00February 9th, 2023|General|Comments Off on Unlawful deductions when employees are dismissed

An employer appointed an employee with a fake degree; what now?

Specific job requirements demand that the candidate possess a particular degree or qualification. What can an employer then do if it is discovered, after the appointment, that the qualification is fake or has been forged by the employee? Before answering this question, students and job seekers should be aware of the new National Qualifications Framework [...]

2023-02-07T14:04:11+02:00February 7th, 2023|General|Comments Off on An employer appointed an employee with a fake degree; what now?
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