Labour Relations Act

Has all sanity been abandoned, along with the rules, in the midst of COVID-19?

With terms like "business unusual" or "the new normal" being touted more and more frequently, are we expected to accept that existing rules simply don't matter or that they have been temporarily abandoned?   Above is referring to the rules to which the Commission for Conciliation, Mediation and Arbitration (CCMA) are bound, essentially those that [...]

2020-08-26T16:22:43+02:00August 26th, 2020|Labour Relations Act|Comments Off on Has all sanity been abandoned, along with the rules, in the midst of COVID-19?

Why refer a Demarcation Dispute?

Employers may not be aware that their business activities may fall within the scope of a bargaining council’s main agreement, or they may already be registered as an employer under the auspices of a specific bargaining council.   Bargaining councils include, inter alia: the Metal Engineering Bargaining Council (MEIBC), the Road Freight and Logistics Bargaining [...]

2020-08-21T13:45:01+02:00August 21st, 2020|Labour Relations Act|Comments Off on Why refer a Demarcation Dispute?

Foreign Employees and Labour Disputes

South Africa has a number of legal and illegal immigrants working in all sectors across the economy. What rights do these workers enjoy, if any?   Quite often, these workers could be paid low wages, deprived of employee benefits and dismissed without reason or procedure, as an employer could be under the impression that the [...]

2020-08-19T17:41:33+02:00August 19th, 2020|Labour Relations Act|Comments Off on Foreign Employees and Labour Disputes

Legal Representation, the Constitutionality Dilemma

South African labour practice is constitutionally entrenched within Section 23 of the Constitution, which provides that every person is entitled to, amongst other things, the right to fair labour practices.  Section 23 is given effect in terms of the Labour Relations Act which provides for effective resolution of labour disputes.   The CCMA is created in [...]

2019-10-25T09:14:11+02:00October 25th, 2019|General, Labour Relations Act|2 Comments

Organisational Rights for Minority Unions

The most important change brought about by the amendments of the Labour Relations Amendment Act, No. 8 of 2018 (LRA) is the conferral of rights in terms of section 14 and section 16 to minority unions, which have in the past been given exclusively to majority unions. In addition, the amendments allow, if certain conditions [...]

2019-10-18T09:06:52+02:00October 18th, 2019|Labour Relations Act|Comments Off on Organisational Rights for Minority Unions

CCMA Rule 31B: Application for compliance order to be made an arbitration award

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 [...]

2019-07-26T08:51:57+02:00July 26th, 2019|Arbitration, Labour Relations Act|Comments Off on CCMA Rule 31B: Application for compliance order to be made an arbitration award

Die ware betekenis van artikel 198A(3)(b) van die wet op Arbeidsverhoudinge

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 [...]

2019-07-05T08:48:33+02:00July 5th, 2019|Labour Relations Act|Comments Off on Die ware betekenis van artikel 198A(3)(b) van die wet op Arbeidsverhoudinge

The Fixed Term Contract of Employment: Ensuring Compliance with the Labour Relations Amendment Act, 2014

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 [...]

2017-10-11T11:28:48+02:00February 25th, 2016|Labour Relations Act|Comments Off on The Fixed Term Contract of Employment: Ensuring Compliance with the Labour Relations Amendment Act, 2014

Dismissal related to operational requirements – Section 189 of the Labour Relation Act

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 [...]

2017-10-11T11:24:47+02:00January 25th, 2016|Labour Relations Act|3 Comments

Incompatibility as a form of Incapacity

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 [...]

2017-10-11T11:24:17+02:00January 20th, 2016|Labour Relations Act|Comments Off on Incompatibility as a form of Incapacity