The question which doesn’t ordinarily arise but is covered by the Basic Conditions of Employment Act pertains to the employment of children and the prohibition thereof. For the most part, the Act is easy to interpret, and will not be set out for the purposes of this article, however, should the reader wish to enrich [...]
Section 6 of the Basic Conditions of Employment Act (BCEA) makes provision for the Minister of Employment and Labour to publish a determination on the Commission’s advice that will exclude employees earning above a certain amount per year from sections of chapter 2 of the Act. In a gazette published on 8 February 2022, the [...]
Organisational rights are the umbrella term for several rights conferred by trade unions. These rights can include the right to hold meetings, the right to deduct union levies and the right to have access to the employer's premises, to name a few. These rights can be found in sections 12 to 16 of the Labour [...]
Section 189, read with Section 189A of the Labour Relations Act 66 of 1995 (hereafter referred to as the Act), prescribes the procedure to be followed where an employer contemplates terminating the services of employees by reason of operational requirements. Section 189A deals with large scale retrenchments as defined by the said section. Section 189A(3) [...]
One of the main concerns of employers entangled in an arbitration process is the uncertainty of how much compensation may be awarded, if any. An understanding of the factors which a commissioner may consider before issuing the same, would place the employer in a more informed position when deciding whether to resolve the dispute or [...]
A shareholder in a company can also act in the capacity of an employee of the company. This is very common in smaller enterprises and raises valid questions as to what the legal consequences would be if "shareholder-employee" misconducts themself. A "shareholder-employee" can be defined as any person who acts in their capacity as both [...]
In terms of section 138(5)(a) of the Labour Relations Act No 66 of 1995, as amended, it states that if a party to a dispute fails to appear in person or to be represented at the arbitration proceedings, and that party had referred the dispute to the Commission, the commissioner may dismiss the matter. In [...]
Since the amendments to the Labour Relations Act 66 of 1995 (the LRA) came into effect on 1 January 2015, the deeming provisions contained in section 198A(3)(b) of the LRA defines temporary services (TES), commonly referred to as labour brokers in South Africa as "… any person who, for reward, procures for or provides to [...]
The purpose of section 197 of the Labour Relations Act 1995 (hereafter "LRA") is to regulate the consequences on the employment where a whole or a part of a business or service is transferred as a going concern. This section facilitates commercial transactions and particularly provides security to employees in terms of employment and contractual [...]
The Essential Services Committee has been established in terms of Section 70 of the Labour Relations Act to: monitor and implement essential service determinations monitor and implement and minimum service agreements to promote dispute resolution in essential services, develop guidelines for the negotiation of minimum service agreements to decide on its own initiative or at [...]