Infographic | SA Labour Dispute Institutions
The various South African Labour Dispute Resolution Institutions are designed to ensure fairness, equity, and justice in workplace relations. Rooted in the Constitution and guided by comprehensive labour legislation, this infographic structure provides a clear framework for addressing disputes through specialised institutions like the CCMA, Bargaining Councils, and Labour Courts. Each institution plays a [...]
Off the Clock, But on the Line
In our increasingly connected world, an employee’s actions outside working hours can quickly affect the workplace. Off-duty misconduct presents a complex challenge for employers, requiring a careful balance between respecting employees’ right to privacy and protecting legitimate business interests. The question is: “When does off-duty behaviour become serious enough to justify dismissal?” South African labour [...]
Infographic | Unfair Discrimination in the Workplace
Unfair discrimination in the workplace undermines trust, productivity, and fairness. Tackling such issues head-on requires a clear understanding of the legal framework and a commitment to equitable treatment. In his article, Breaking Barriers: Tackling Unfair Discrimination, Jaundré Kruger explores a pivotal CCMA case and highlights how employers can maintain fair employment practices. His article, [...]
A Warming World, A Chilling Job Market: Is South Africa’s Labour Force at Risk?
The impact of global warming on South Africa's labour force is a complex issue with both challenges and opportunities. However, the immediate and most significant consequences are predominantly negative, particularly for the agricultural sector, which is one of the sectors that contribute immensely to the South African economy. As reported by reputable sources such as [...]
The Why Behind the What
Representatives in the CCMA and relevant bargaining councils often raise various issues before a Commissioner, such as postponement requests, decisions on legal representation, or jurisdictional matters. When a Commissioner makes a decision on these issues, representatives need to understand the reasoning behind it to properly advise their members or explore alternative options such as taking [...]
A Warm Welcome Back and a Happy 2025 to All!
As we embark on the journey of a new year, it is my privilege to welcome back the staff and members of the Consolidated Employers Organisation (CEO). I trust that each of you has returned from your well-deserved breaks feeling refreshed and ready to tackle the opportunities and challenges that lie ahead. Let me take [...]
Leave Nothing to Chance
The pressures of business in a struggling economy result in a vast amount of time dedicated to enhancing business or even staying afloat. To add to the woes of struggling businesses, employers are also obliged to ensure that misconduct is treated in terms of prevailing Labour legislation. Regardless of the misconduct committed, the basic principles [...]
The Power of Pause: Prioritising Rest for Sustainable Success
As the year draws to a close, it offers a valuable opportunity to reflect on both personal and professional growth. It’s also a time to assess the toll of relentless work schedules, the pressures of achieving organisational goals and balancing personal commitments. With the festive season upon us, this is a timely moment to acknowledge [...]
Sex Work & Labour Rights
The debate surrounding the labour rights of sex workers is one of the most polarising issues of modern international labour law. With Belgium's recent decision to grant comprehensive labour protection to sex workers, many have hailed it as a human rights victory, while others warn of the social and moral dilemmas it introduces. For South [...]
Inherent Requirement of the Job versus Discrimination in the Workplace
Employers may find themselves in a difficult situation in distinguishing the fine line between unfairly discriminating against employees and upholding their reasonable code of conduct and policies within the workplace. In the past, it has been easy to discipline employees in terms of the so-called “zero tolerance” policies for substance and alcohol use and abuse. [...]
On the Record
In the recent Labour Appeal Court case of Tshabalala v Moqhaka Local Municipality and Another (JA88/2024) [2024] ZALAC 60 (21 November 2024), a municipal manager (the employee) at Moqhaka Local Municipality (the employer) was suspended on the 1st of March 2024, due to alleged misconduct. After receiving the notice to attend a disciplinary hearing on [...]
Workplace Agreements Resulting in Unequal Pay
Tensions in the workplace often arise from employees feeling unfairly discriminated against upon the realisation that they are unequally paid for work of equal value. Employers must protect employees' rights and dignity, while employees should be well-informed about labour legislation to prevent unnecessary conflicts regarding the terms and conditions of employment. In the recent Labour [...]
Discretionary Bonuses & the Principle of Fairness
Discretionary annual bonuses are supplementary payments made by employers to employees, typically at the end of the year, prior to the festive season. Although this benefit should serve as an incentive for outstanding employee performance, the criteria for deciding who receives a bonus and how much can sometimes lead to disputes about fairness and the [...]
Walking the Line Between Affirmative Action and Discriminatory Recruitment Policies
The Constitution of the Republic of South Africa provides the foundation for equality and against unfair discrimination. The Employment Equity Act 55 of 1998 (EEA) is a pivotal piece of legislation promulgated to address inequalities in the workplace. The Act’s objectives speak to “promoting equal opportunity and fair treatment in employment through the elimination of [...]
The Surprise Symphony | Lee-Ann Venter
Joseph Haydn, the “Father of the Symphony,” had a knack for keeping his audience engaged. During the premiere of his Surprise Symphony, he noticed the crowd nodding off during the gentle second movement. Rather than letting them drift into slumber, Haydn inserted a sudden, loud chord - enough to make everyone sit upright and pay [...]
The Importance of a Certificate of Representivity
The post-COVID-19 era has witnessed a decline in membership representation across many bargaining councils due to aspects such as business closures, which have significantly impacted the representativity of certain councils. Additionally, South Africa's high unemployment rate is one of the biggest challenges, as most companies are still recovering and cannot afford to recruit new employees. [...]
A Discriminatory Disclosure of HIV Status in the Workplace
In KAB v National Union of Metalworkers of SA (2023) ILJ 2554 (FSB), the Plaintiff, an employee of the one Defendant, instituted a defamation claim against the employer and two of her colleagues for disclosing her HIV status during a staff meeting. The Plaintiff’s claim against the Defendants was for R1 000 000.00 (one million [...]
Threshold Agreements
The recent CCMA ruling in Solidarity obo Members / Sibanye Platinum Mine and Others ([2024] 10 BALR 1126 (CCMA)) reaffirms the critical role threshold agreements play in maintaining stability and fairness within collective bargaining frameworks. From an employer’s perspective, the decision clearly endorses majoritarian principles and highlights the necessity of adherence to collective agreements. Case [...]
Promotion Pitfalls
A recent matter dealt with by CEO at the CCMA addressed a claim of unfair labour practice relating to promotion. This ruling sheds light on the complexities surrounding internal promotions and recruitment processes and the fairness employers must exercise in their decision-making. The case provides essential insights into how employers should structure and manage recruitment [...]
Waiting at the Gate | Edith Masupa
In the village of Ga-Phooko, there was a special kind of magic that hung in the air whenever Edith Masupa’s father returned home from faraway Johannesburg. As a general worker at Wits University, he didn’t come home every day, but when he did, it was an event the whole family anticipated. Edith and her siblings [...]
What Industry or Sector Does My Business Fall Under
Demarcation disputes play an important role in South African Labour Law, especially in the context of sectoral determinations and the classification of businesses within specific industries. These disputes arise when an employer believes their business should not be classified under a particular sector or industry defined by the Labour Relations Act (LRA) or Bargaining Council [...]
Time is Money
In the case of Masinga v Almar Investments (Pty) Ltd (J564/23) [2024] ZALCJHB 381 (8 October 2024), the Labour Court examined an important issue regarding an employee's entitlement to back pay following reinstatement. The case sets a critical precedent for situations where an employee, despite being reinstated, is instructed by their employer to stay home [...]
Keeping the Faith (and the Job)
The recent judgments in Sayiti v Sun International Management Limited (JS1019-16) [2023] ZALCJHB 104; (2023) 44 ILJ 1613 (LC) (17 January 2023) and Sun International Management Limited v Sayiti (JA13-23) [2024] ZALCJHB 411 (21 October 2024) present crucial insights for employers navigating the sensitive interplay between operational needs and religious accommodation in the workplace. Initially, [...]
Breaking Barriers
In a recent case, dealt with by CEOSA on behalf of one of our members, the CCMA addressed a complaint of unfair discrimination on the grounds of race. This ruling provides key insights for employers regarding the importance of maintaining fair and consistent employment practices to avoid claims of racial discrimination. It further explains the [...]
Striking the Right Chord | Joanie Prinsloo
🎶 "In harmony with justice, keeping time with the law, Joanie Prinsloo’s story strikes a chord that stands for all." 🎶 Joanie Prinsloo’s journey from the orchestra to the courtroom might seem like an unusual path, but her life has always been about hitting the right notes, both in music and in law. Born and [...]