General

We’ve Reached a Deadlock. Now What?

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, [...]

2023-05-18T12:23:37+02:00May 10th, 2023|General, Labour Relations Act, Theme|Comments Off on We’ve Reached a Deadlock. Now What?

Should an Employer conduct a feasibility study prior to the commencement of negotiations?

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 [...]

2023-05-18T12:25:07+02:00April 24th, 2023|General, Labour Relations Act, Theme|Comments Off on Should an Employer conduct a feasibility study prior to the commencement of negotiations?

Understanding National Level Bargaining in South Africa

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. [...]

2023-05-18T12:29:35+02:00April 17th, 2023|General, Labour Relations Act, Theme|Comments Off on Understanding National Level Bargaining in South Africa

The role of Collective Bargaining in South Africa

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 [...]

2023-05-22T15:32:19+02:00April 10th, 2023|General, Labour Relations Act, Theme|1 Comment

Plant-Level Negotiations

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 [...]

2023-05-18T12:32:34+02:00April 3rd, 2023|Arbitration, General, Labour Relations Act, Strikes, Theme|Comments Off on Plant-Level Negotiations

The importance of witness testimony at Arbitration proceedings

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 [...]

2023-05-18T12:34:40+02:00March 27th, 2023|Arbitration, General, Theme|Comments Off on The importance of witness testimony at Arbitration proceedings

Does ‘Full and Final Settlement’ signal the end of a labour dispute?

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 [...]

2023-05-18T12:35:47+02:00March 20th, 2023|General, Theme|Comments Off on Does ‘Full and Final Settlement’ signal the end of a labour dispute?

Failing to prepare is preparing to fail

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 [...]

2023-05-18T12:36:53+02:00March 13th, 2023|General, Theme|Comments Off on Failing to prepare is preparing to fail

Flouting Immigration Laws: The effect of South African labour legislation on foreign employees

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 [...]

2023-05-18T12:38:03+02:00March 6th, 2023|General, Theme|Comments Off on Flouting Immigration Laws: The effect of South African labour legislation on foreign employees

What are the consequences if an employer fails to report an injury on duty?

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 [...]

2023-05-18T12:39:08+02:00February 27th, 2023|General, Theme|1 Comment
Go to Top