Employers often deal with disputes referred to the CCMA as an unfair labour practice relating to benefits. The CCMA and Labour Court have however faced much uncertainty over the years with what constitutes a “benefit” in terms of Section 186(2) of the Labour Relations Act 66 of 1995. The uncertainty surrounding the concept of [...]
During the last few years, there has been an increased focus on interpersonal relationships in the workplace. Ever so often, employers may be confronted with a situation where one employee may not be compatible with the workplace dynamic and in extreme cases may disrupt workplace harmony. The questions many employers are confronted with are: - [...]
With the rapid growth of the use of social media, it may be necessary to regulate or provide guidelines to such use in the absence of legislation regulating the same, especially in an era where more and more employees are dismissed for "social media misconduct". Social media has become one of the most prominent [...]
We have noticed in recent months that many of our members are uncertain about incapacity proceedings. In September, we will be focusing on various incapacity processes. We will discuss their purpose and application. We hope that the information will be of value to our members and provide them with a greater understanding of the incapacity [...]
The Department of Employment and Labour has issued numerous Directives that address the occupational health and safety measures to be implemented in the workplace in response to COVID 19 and in an attempt to minimise the risk of spreading the virus in the workplace. In terms of the above Directive, this includes inter alia [...]
Many employers may have heard about the Skills Development Act of 2003, understanding that it is legislation impacting on the employment relationship. However, very few have an understanding of what this concept entails. Successful business owners may know that training plays a pivotal part in the success of their enterprises. It is therefore advisable that [...]
The Department of Employment and Labour has gazetted the Employment Equity Amendment Bill on 20 July 2020. The bill aims to amend some provisions of the Employment Equity Act. This was first announced by the Minister of Labour Thulas Nxesi in July 2019. Numerical Targets The most significant change is that the Minister will [...]
In South Africa, racism has been an ongoing problem for many years, and the need to eradicate the phenomenon remains as important an issue as ever. Unfortunately, it sometimes happens that a person may falsely accuse another of racism with the sole purpose of harming that person. When people decide to "cry wolf" and [...]
The rapid and vicious spread of COVID-19 has caused havoc in the global economy and has caused companies the world over to either close their doors or begin mass retrenchments. This has put the everyday person in an unenviable position, what are you willing to do to gain employment in an economy where this is [...]
The Protection of Personal Information Act (POPI Act) aims to protect an individual’s right to privacy regarding their personal information which may have been collected by a third party during the course of business. The purpose of this legislation is to formalise the manner in which companies store, collect and access private information in order [...]