Employers have been faced with a “BCEA Form 15” regarding an application for a compliance order to be made an arbitration award in terms of the New Minimum Wage Act and are unaware of what to do once a form of this nature has been received. In light of the new amendments to the Labour [...]
Igna Klynsmith het op Maandag 24 Junie 2019 in Regsake op RSG, die onlangse uitspraak van die Konstitusionele Hof oor die implikasie van Artikel 198A (3)(b) van die Wet op Arbeidsverhoudinge, bespreek. Wanneer kan ‘n werker wat tydelik deur ‘n arbeidsmakelaar by ‘n werkgewer geplaas is, aanspraak maak op status as permanente werknemer? Op [...]
The latest amendments to the Labour Relations Act (“the LRA”) in particular section 198B, clarifies the legal position regarding fixed term contracts of employment. What is a fixed term contract? A fixed term contract must be in writing and can be defined as a contract of employment that terminates on a fixed date or [...]
In the past years we have seen employees embarking on nationwide strikes, which meant that there was no operation taking place in most companies due to the nationwide strikes during that period. The consequences of the employees who embarked on the strikes led to most companies experiencing financial constraints which resulted in them considering [...]
Although incompatibility is not specifically addressed in Schedule 8 of the LRA, Case Law indicates that incompatibility should be treated as a species of incapacity and is regarded as a valid ground for dismissal. Employers frequently wish to get rid of undesirable employees who do not fit into the culture of the workplace or [...]
The month of December is scattered with public holidays and whilst all of us will be enjoying the holiday season, numerous employers will have difficulties in understanding the operation and subsequent payment of work done on these public holidays. Therefore, with reference to section 18 of the Basic Conditions of Employment Act, in order to [...]
1) THE RIGHT TO STRIKE IS EMBEDDED INTO OUR CONSTITUTION The right to strike in South Africa is clearly indicated and stipulated in Section 23 of the Constitution. This section gives effect in the form of an entire section named “Labour Relations”. Neither The Constitution nor the Labour Relations Act make any reference as to [...]
Employers often find themselves being dragged to the CCMA, when they believe that the applicant is not an employee. Almost in all cases the intention of the employer was never to regard the individual as an employee, but are vexed with a rude awaking when they realise that South Africa’s labour law, has made provisions [...]
The effect of the amendments to the #Labour Relations Act on a union’s right to organise in the workplace Employers have long been able to protect themselves against the union’s rights to acquiring majority rights in their workplace by the way in which section 11 to 16 of the Labour Relations Act have been drafted [...]