General

To Bump or Not to Bump

Due to our prevalent economic challenges, the topic of retrenchment has become a regular discussion topic in South Africa. It is more significant for employers to thoroughly understand the retrenchment process and the options available for consideration when challenged with a decision to retrench as their last resort. During retrenchment consultations, the generally accepted fair [...]

2024-06-27T13:51:03+02:00June 27th, 2024|General|Comments Off on To Bump or Not to Bump

Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

The CCMA is often faced with matters where employees claim that their employer has made certain unlawful deductions from their salaries. This article seeks to unpack and clarify the current position in our law regarding deductions by an employer and the jurisdiction of the CCMA to hear such disputes. Until recently, the CCMA dealt with [...]

2024-06-20T14:17:20+02:00June 20th, 2024|General, Theme|Comments Off on Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

The Prescription Act 68 of 1969 safeguards employers against the indefinite pursuit of severance pay claims. This legislation sets a definitive time limit within which claims must be initiated, thus providing employers with certainty and protection from protracted liabilities. In terms of the Basic Conditions of Employment Act (BCEA), specifically Section 41(1), a retrenched employee [...]

2024-06-10T10:04:02+02:00June 10th, 2024|General|Comments Off on Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

The Importance of Employer Registration with Bargaining Councils

In South Africa, labour relations are intricately shaped by the presence and influence of bargaining councils. These councils are pivotal in specific industries, ensuring fair and standardised conditions of employment. For employers operating within such industries, particularly where bargaining council agreements have been extended to non-parties, registration with the relevant council is not just a [...]

2024-06-04T12:17:37+02:00June 3rd, 2024|General|Comments Off on The Importance of Employer Registration with Bargaining Councils

Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

During the recruitment process, it is common practice for many employers to ask prospective employees questions about their criminal and credit records. The purpose, in general, is to ascertain the candidate's suitability for the position. At first glance, this vetting process appears unproblematic. Employers should legitimately be entitled to request this information to ensure they [...]

2024-05-23T10:54:49+02:00May 23rd, 2024|General|Comments Off on Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

The ABC’s of TES: Understanding the Deeming Provision

Employers often use service providers to perform certain functions or duties within a workplace, which the employer may not be able to do or perform itself. As per South African legislation, these providers are generally referred to as “labour brokers”; however, the correct term is “Temporary Employment Service” (TES). Section 198 of the Labour Relations Act [...]

2024-05-22T14:43:31+02:00May 20th, 2024|General|Comments Off on The ABC’s of TES: Understanding the Deeming Provision

Clearing the Haze: The Labour Appeal Court’s Judgment on Cannabis in the Workplace

The recent Labour Appeal Court (LAC) decision in the case of Bernadette Enever vs Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] LAC has sparked widespread debate within the labour law sector regarding the appropriateness of dismissals following positive cannabis tests in the workplace. This case marks a pivotal [...]

2024-05-08T12:23:21+02:00May 6th, 2024|General|Comments Off on Clearing the Haze: The Labour Appeal Court’s Judgment on Cannabis in the Workplace

Does a Medical Certificate from a Traditional Healer Comply with Section 23(2) of the Basic Conditions of Employment Act (BCEA)?

In essence, Section 23(2) of the BCEA sets out that the medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament. While the above seems quite straightforward, it [...]

2024-05-02T10:57:14+02:00May 2nd, 2024|General|Comments Off on Does a Medical Certificate from a Traditional Healer Comply with Section 23(2) of the Basic Conditions of Employment Act (BCEA)?

Let’s Negotiate – Tips for Employers to Improve their Negotiating Skills

Negotiating, or being a good negotiator for that matter, is a skill many may claim to possess but that few truly possess. Many of us have encountered a family member, colleague or acquaintance who boasts about being a skilled negotiator and how they managed to buy an object or item well below cost or at [...]

2024-04-29T10:21:39+02:00April 29th, 2024|General|Comments Off on Let’s Negotiate – Tips for Employers to Improve their Negotiating Skills

A Playbook on Motivation: “Why Motivating People Doesn’t Work… And What Does”

In the world of work, motivating your team or staff isn't just about dangling carrots or wielding sticks. If you're still relying on outdated methods like motivational speeches, posters or pizza parties, it's probably time we let the 90's go. Motivation is about tapping into something much deeper—something intrinsic that fuels sustained performance and drives [...]

2024-04-25T11:01:53+02:00April 22nd, 2024|General|Comments Off on A Playbook on Motivation: “Why Motivating People Doesn’t Work… And What Does”
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