News Archive

News2024-05-17T12:33:20+02:00

Legal Expert by Day, Crime Documentary Enthusiast by Night | Joleze Roux

Growing up in the charming city of Bloemfontein, often referred to as "the city of roses," Joleze Roux’s life was infused with the values of respect, self-dignity, and authenticity, instilled by her loving parents. Joleze’s early years in Bloemfontein, a place she fondly calls her "klein dorpie," were filled with invaluable life lessons, cherished memories, [...]

June 10th, 2024|Meet the Team|

Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

The Prescription Act 68 of 1969 safeguards employers against the indefinite pursuit of severance pay claims. This legislation sets a definitive time limit within which claims must be initiated, thus providing employers with certainty and protection from protracted liabilities. In terms of the Basic Conditions of Employment Act (BCEA), specifically Section 41(1), a retrenched employee [...]

June 10th, 2024|General|

Future-Proofing the Workforce

There has been an undeniable shift in the use of technological advances in the workforce. Leveraging these advances has proven to be not only beneficial in performing tasks but absolutely crucial. Technological advances such as Artificial Intelligence ‘AI’ and automation have always reared themselves in the workplace, subtly and in mundane tasks. Automation and AI [...]

June 10th, 2024|Theme|

The Importance of Employer Registration with Bargaining Councils

In South Africa, labour relations are intricately shaped by the presence and influence of bargaining councils. These councils are pivotal in specific industries, ensuring fair and standardised conditions of employment. For employers operating within such industries, particularly where bargaining council agreements have been extended to non-parties, registration with the relevant council is not just a [...]

June 3rd, 2024|General|

Balancing Flexibility and Stability

The origins of employment relationships derive from principles of Common Law and remain the basis of employment relationships in labour relations as they exist today.  Many of the provisions of the Common Law employment contract have subsequently been amended and regulated by adopting legislation that sought to remedy the inadequacies of the Common Law, such [...]

June 3rd, 2024|Theme|

Maximising Time Off

Annual leave is vital to all employees' well-being, offering them a much-needed respite from their daily work endeavours. Embedded within South Africa’s labour framework, the Basic Conditions of Employment Act (BCEA) outlines the rights and entitlements surrounding annual leave. This article will briefly discuss the provisions, implications, and benefits it holds for both employers and [...]

May 23rd, 2024|Theme|

Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

During the recruitment process, it is common practice for many employers to ask prospective employees questions about their criminal and credit records. The purpose, in general, is to ascertain the candidate's suitability for the position. At first glance, this vetting process appears unproblematic. Employers should legitimately be entitled to request this information to ensure they [...]

May 23rd, 2024|General|

Tea and Tenacity | Sharice Naicker

Growing up in a close-knit neighbourhood where encouragement was a constant, Sharice was always propelled towards her goals, with her family being her steadfast supporters. She recalls, "Most people consider themselves lucky to have one person backing them. However, I consider myself the luckiest person, as I have my entire family backing me." Sharice's early [...]

May 23rd, 2024|Meet the Team|

Breaking Barriers: Ensuring Workplace Equality

As we evolve and embrace diversity, we recognise the importance of acknowledging every individual and their differences. Fortunately, South Africa stands as a beacon of upholding human dignity and celebrating every individual’s diversity. South Africa’s commitment to equality is evident in legislation such as Section 9 of the Constitution of the Republic of South Africa [...]

May 20th, 2024|Theme|

The ABC’s of TES: Understanding the Deeming Provision

Employers often use service providers to perform certain functions or duties within a workplace, which the employer may not be able to do or perform itself. As per South African legislation, these providers are generally referred to as “labour brokers”; however, the correct term is “Temporary Employment Service” (TES). Section 198 of the Labour Relations Act [...]

May 20th, 2024|General|

Beyond 9 to 5: Unraveling Overtime Work in South Africa

On the 8th of November 2022, the Labour Court heard the matter between the Association of Mineworkers and Construction Workers Union obo Mkhonto and Others v Commission for Conciliation, Mediation and Arbitration and Others [2023] JOL 57981 (LC). The Court had to decide whether the dismissal of the AMCU members who refused to work overtime [...]

May 13th, 2024|Theme|

Savouring Success (and Pasta!) | Livhu Makhado

Livhu Makhado is a shining example of compassion and resiliency in the team atmosphere of CEO SA. Originally from Polokwane, Livhu's early life was marked by the exemplary co-parenting of her divorced parents. This unique family dynamic instilled in her a strong sense of unity and the belief that "nothing is beyond your reach." Livhu's [...]

May 10th, 2024|Meet the Team|

Clearing the Haze: The Labour Appeal Court’s Judgment on Cannabis in the Workplace

The recent Labour Appeal Court (LAC) decision in the case of Bernadette Enever vs Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] LAC has sparked widespread debate within the labour law sector regarding the appropriateness of dismissals following positive cannabis tests in the workplace. This case marks a pivotal [...]

May 6th, 2024|General|

Understanding Employment Relationships in the Developing Gig Economy

The Fourth Industrial Revolution (4IR) has catalysed a shift towards freelancing and independent contracting, emphasising the need to examine Section 200A of the Labour Relations Act (LRA) alongside Section 83A of the Basic Conditions of Employment Act (BCEA). Section 200A of the LRA assumes that a person working or providing services under any contract format [...]

May 6th, 2024|Theme|

What can you do if one of your employees refuses to testify at an arbitration or disciplinary hearing?

Employers might face situations where witnesses necessary for an arbitration or disciplinary hearing are unavailable because they have left the company or moved abroad. However, what should employers do if a current employee, who is a key witness, refuses to testify? In certain cases, an employee's refusal to testify might be warranted if they have [...]

May 2nd, 2024|Arbitration|

Does a Medical Certificate from a Traditional Healer Comply with Section 23(2) of the Basic Conditions of Employment Act (BCEA)?

In essence, Section 23(2) of the BCEA sets out that the medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament. While the above seems quite straightforward, it [...]

May 2nd, 2024|General|

Reimagining Social Justice: Challenging the Status Quo in South African Labour Law

In the pursuit of social justice within South Africa's labour law, employers often find themselves navigating a complex system filled with biases and challenges. The Commission for Conciliation, Mediation, and Arbitration (CCMA), while intended to provide a platform for fair dispute resolution, can sometimes fall short of its objectives. This article aims to dissect the [...]

April 29th, 2024|Theme|

Finding the Beat | Motheo Moatshe

Motheo Moatshe expertly blends the rhythm of deep house music with the precision of labour law, creating a harmonious balance in both her professional and personal life. Originally from Rustenburg, she carries the hardworking and optimistic ethos of her upbringing into every aspect of her work. Her journey in law began at the University of [...]

April 25th, 2024|Meet the Team|

A Playbook on Motivation: “Why Motivating People Doesn’t Work… And What Does”

In the world of work, motivating your team or staff isn't just about dangling carrots or wielding sticks. If you're still relying on outdated methods like motivational speeches, posters or pizza parties, it's probably time we let the 90's go. Motivation is about tapping into something much deeper—something intrinsic that fuels sustained performance and drives [...]

April 22nd, 2024|General|

Leadership & Social Justice

In business today, the pursuit of success goes hand in hand with a commitment to social justice. At the forefront of this movement are business leaders who understand that true prosperity comes from fostering inclusivity, respect, and dignity within their organisations. This article delves into the pivotal role of leadership in embedding social justice into [...]

April 22nd, 2024|Theme|

Labour Court Jurisdiction: Lessons from Legal Precedents

The recent Labour Court matter of Independent Municipal & Allied Trade Union on Behalf of Espach v Polokwane Local Municipality (2024) 45 ILJ 308 (LC) revolves around an application that was made under Section 158(1)(c) of the Labour Relations Act (LRA) 66 of 1995. The case involved an Applicant who was employed by the Municipality. [...]

April 16th, 2024|General|

The Role of Dispute Resolution in Upholding Social Justice

Disputes in the workplace are an inevitable aspect of organisational dynamics. However, how these disputes are handled can profoundly influence the pursuit of social justice within corporate environments. In South Africa, the Commission for Conciliation, Mediation, and Arbitration (CCMA) and Bargaining Councils play a crucial role in resolving employment disputes while upholding principles of fairness, [...]

April 15th, 2024|Theme|

A Journey of Connection | Brandon Hartel

In the heart of Bloemfontein's suburbs, Brandon Hartel embarked on a journey that would lead him from the familiar lanes of his childhood to the bustling streets of Gauteng. Growing up in a loving, tight-knit family, Brandon's life was framed by the values of dedication, selflessness, and the importance of staying connected. His story is [...]

April 12th, 2024|Meet the Team|
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