General

Agreement of full and final settlement, the end of the Road?

When parties enter into a full and final settlement agreement in order to terminate the employment relationship, most employers are of the opinion that the matter has been settled and that the employee has waived his/her right to refer the matter to the CCMA.   However, in the recent Labour Court award of Cook4Life CC [...]

2019-08-23T09:23:50+02:00August 23rd, 2019|General|Comments Off on Agreement of full and final settlement, the end of the Road?

Contempt of the CCMA

Contempt of the CCMA normally relates to conduct either during or after proceedings, for instance, where a party refuses to comply with an award which requires an act to be performed.   Section 142(8) regulates what constitutes contempt during CCMA proceedings and includes, inter alia: Failure of a witness who has been issued a subpoena [...]

2019-08-14T11:04:30+02:00August 14th, 2019|General|2 Comments

All employees have a right to privacy, but is that privacy limited?

All employees have a right to privacy, but does it end there?  In the recent Labour Court decision of NUMSA and Another v Rafe N. O. and Others (JR1022/12) [2016] ZALCHJB 512, the question of whether an employer had the right to examine an employee’s cellphone, was permissible, secondly the employees’ refusal to have his [...]

2019-08-02T08:53:49+02:00August 2nd, 2019|General|Comments Off on All employees have a right to privacy, but is that privacy limited?

Essential Services: A Restriction on an Employees’ constitutional right to Strike

Section 23(2)(c) of the Constitution of the Republic of South Africa, 108 of 1996 (the Constitution) gives all workers in South Africa a right to go on strike, this right is further entrenched in section 64 of the Labour Relations Act, 66 of 1995 (the LRA) as amended. The question that arises now is, is [...]

2019-07-11T13:21:46+02:00July 11th, 2019|General|Comments Off on Essential Services: A Restriction on an Employees’ constitutional right to Strike

An employee’s entitlement to Severance pay

The question of whether an employee is entitled to severance pay usually arises once a retrenchment has been concluded and there is a dispute referred to the CCMA or a Bargaining Council. An arbitrator dealing with this dispute may only decide whether the employee is entitled to the severance pay, which is a statutory entitlement. [...]

2019-06-27T13:42:26+02:00June 27th, 2019|General|Comments Off on An employee’s entitlement to Severance pay

An Employer’s duty in intimidation disputes

Intimidation can be defined as making one fearful or to put fear into a person and has been found to include things such as verbal threats and aggressive and threatening body language. Proof of actual fear is not required in order to establish intimidation as intimidation may be inferred from one’s words or conduct.   In the [...]

2019-06-21T08:56:17+02:00June 21st, 2019|General|Comments Off on An Employer’s duty in intimidation disputes

Is Retirement age a barrier to Reinstatement?

Reinstatement is the primary remedy under the Labour Relations Act, 1995 and involves placing an employee back into the position they would have occupied before their dismissal.   Is reinstatement the correct remedy when an employee has passed the retirement age? This question was answered in the Labour Court in Samuel v Old Mutual Bank [...]

2019-06-14T08:53:25+02:00June 14th, 2019|General|Comments Off on Is Retirement age a barrier to Reinstatement?

The Right to Picket

In the past, once parties reached a deadlock at the CCMA in terms of a section 64 dispute, a certificate to go on strike was issued.  Either party to the dispute would have to refer a further dispute to the CCMA for assistance in establishing picketing rules.  This has now changed with the new amendments [...]

2019-06-07T11:13:53+02:00June 7th, 2019|General|Comments Off on The Right to Picket

The Importance of Jurisdiction when referring a dispute to the CCMA & a Bargaining Council

The term jurisdiction refers to the extent of power which the CCMA; Bargaining Councils; Labour Court and Labour Appeal Court have in order to make legal decisions and judgments.   It is imperative that employees become aware of the relevant forums in which they can refer their disputes, in order to ensure that the correct [...]

2019-05-31T09:13:43+02:00May 31st, 2019|General|Comments Off on The Importance of Jurisdiction when referring a dispute to the CCMA & a Bargaining Council

What does current case law state regarding unfair suspension in terms of Section 186(2)(b) of the Labour Relations Act

Suspension in the workplace may be of two kinds, namely; suspension of an employee imposed as a precautionary measure pending disciplinary action or as a form of disciplinary penalty.   Section 186(2) of the Labour Relations Act states: “unfair labour practice means any unfair act or omission that arises between an employer and an employee. [...]

2019-05-17T09:29:41+02:00May 17th, 2019|Dismissal, General|Comments Off on What does current case law state regarding unfair suspension in terms of Section 186(2)(b) of the Labour Relations Act