When parties cannot reach an amicable agreement or solution, a "deadlock" occurs. Before parties accept that a deadlock has been reached, they should consider the possible consequences. If parties cannot resolve the dispute through careful consideration and discussion, the question becomes, “What happens when parties reach a deadlock?” Typically, Employees may then strike. However, [...]
Employment relationships rarely remain unchanged for prolonged periods. Employer’s requirements may occasionally vary, necessitating an employment contract amendment. Alternatively, Employees may feel the need to have their contract of employment amended for some reason. For example, the Employee may request a pay increment or the introduction of a specific benefit not enjoyed in the current [...]
National Level Bargaining in South Africa is a form of Collective Bargaining between large Trade Unions and Employer Organisations at a national level. This means that negotiations on employment conditions and terms of work, including wages and benefits, occur between prominent Trade Unions and Employer Organisations, as opposed to negotiations at an individual workplace level. [...]
Historically, there has always been unequal bargaining power between Employers and Employees. Employers are seen as having greater authority in the workplace, and the rights as conferred in the Labour Relations Act (LRA) are necessary to level the playing field. Section 23 of the Constitution of the Republic of South Africa gives everyone the right [...]
What process should be followed when it comes to Plant-Level Negotiations? Plant-level negotiations can best be described as formal discussions between Employers and Employees who have different aims or intentions, particularly in the workplace, during which they try to reach an agreement. This form of negotiation within a specific workplace can be conducted informally in [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]