General

Unexpected Addition to the Food Industry Menu

The BCFFRCAT has grabbed a bite to eat out of the food industry.  On the 08th of January 2021, the Minister of Employment & Labour extended the main agreement of the Bargaining Council for the Fast Food, Restaurant, Catering & Allied Trades (BCFFRCAT) to non-parties in the industry.  This was done under Government Gazette 44058 [...]

2021-01-18T13:55:59+02:00January 18th, 2021|General|0 Comments

Health and safety in the workplace – not a stagnant concept

As employees initially returned to the workplace after more than a month in hard lockdown, CEO published material on Health and Safety in the workplace, action plans going forward and helpful risk-mitigating measures. These are all good and well, however, considering the alarming fact that cases are now reaching an all-time high, employers need to [...]

2021-01-15T13:42:29+02:00January 15th, 2021|General|0 Comments

Commissioners at the CCMA, their conduct and powers

Conduct of commissioners Commissioners are appointed by the Governing Body of the CCMA to facilitate, mediate, arbitrate, prevent, and settle industrial disputes. Each provincial office has a team of full-time commissioners supported by an additional complement of part-time commissioners. Convening Commissioners (CSC's) have been appointed in each province to monitor the professional standard of the [...]

2021-01-13T15:11:15+02:00January 13th, 2021|General|0 Comments

Employers are not abandoned without a paddle

‘Laws are here to protect employees whilst employers are left to suffer’ is a belief held by many an employer. This belief, however, is not always the case. An employer’s remedy to discipline an employee is well-founded, but what numerous employers remain oblivious to are their other remedies founded in law. As stated by Waglay [...]

2021-01-08T16:01:48+02:00January 8th, 2021|General|Comments Off on Employers are not abandoned without a paddle

An employee’s responsibility to disclose unfair discrimination to the employer and the consequences for not doing so

Despite South Africa transitioning into a democracy 27 years ago, discrimination often rears its ugly head in South African society which is frequently reported by media houses and is received by the public with the sensationalism that it deserves.  The Employment Equity Act 55 of 1998 was drafted with the noble intention of eradicating unfair [...]

2021-01-06T14:29:26+02:00January 6th, 2021|General|Comments Off on An employee’s responsibility to disclose unfair discrimination to the employer and the consequences for not doing so

‘Tis the season to be jolly – but rules still apply: can an employer discipline employees for conduct occurring outside of working hours?

As the year comes to an end and everyone is in a festive spirit, employers and employees are often under the misimpression that no action can be taken against an employee who commits misconduct outside of normal working hours.   This is not the case. Should an employee’s conduct outside of the workplace and normal [...]

2020-12-17T18:20:25+02:00December 17th, 2020|General|Comments Off on ‘Tis the season to be jolly – but rules still apply: can an employer discipline employees for conduct occurring outside of working hours?

Facilitation Process (189A)

A facilitation process is a process that can be referred either by an employer or representative trade union of employees who are likely to be affected by a large-scale retrenchment process under section 189A of the Labour Relations Act.   In order to start the process, either party has to notify the CCMA in writing [...]

2020-12-17T17:54:07+02:00December 17th, 2020|General|Comments Off on Facilitation Process (189A)

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 [...]

2020-12-09T15:23:55+02:00December 9th, 2020|General|Comments Off on Avoiding the “retrospective reinstatement stick”

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 [...]

2020-12-07T14:03:54+02:00December 7th, 2020|General|Comments Off on Demarcation Disputes and What They Entail

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 [...]

2020-12-03T10:11:07+02:00December 3rd, 2020|General|Comments Off on 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?
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