News Archive

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

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|

Labour laws as levers of change: South Africa’s employment landscape

South Africa's employment environment is a nuanced terrain shaped by a complex interplay of historical legacies, legal mandates, and socio-economic imperatives. At the heart of this dynamic lie the country's labour laws, which serve as essential guides for employers navigating the intricacies of employment relations. Understanding and adhering to these laws is not only a [...]

March 28th, 2024|Theme|

A foundation of fairness: Understanding social justice in business

In the contemporary business environment, the notion of “social justice” transcends mere rhetoric, evolving into a foundational principle essential for fostering sustainable and equitable workplace environments. Rooted in historical precedents such as the International Labour Organisation's (ILO) constitution and enshrined within South Africa's legal framework, social justice stands as a beacon guiding businesses towards universal [...]

March 28th, 2024|Theme|

Cyber-Threats – Challenges & Solutions for Businesses

In an era of digital transformation, our interconnected world offers unparalleled convenience and opportunity. However, it also exposes us to a dynamic and multifaceted underworld of cyber threats, posing significant challenges on a global stage and impacting individuals, businesses, governments, and critical infrastructure. From malicious software and phishing attacks to sophisticated nation-state-sponsored campaigns, the spectrum [...]

March 28th, 2024|General|

The Sweet Side of Determination | Anesta Kruger

From the sports fields of Gauteng to the corridors of CEO, Anesta Kruger’s journey is one marked by determination and resilience. Her early interest in biokinetics, fueled by her love for sports, laid the foundation for her understanding of discipline and strategy. However, recognising her strengths and passions lay elsewhere, Anesta made a strategic pivot [...]

March 27th, 2024|Meet the Team|

Is a reference letter worth the paper it’s printed on?

Many employees don't fully appreciate the importance of a reference letter and how significantly it can benefit their future job prospects. In today's job market, departures from employment don't always come through resignation or reaching retirement age. Instead, many find themselves dismissed for serious misconduct, leaving employers with a bitter aftertaste. Consequently, the notion of [...]

March 26th, 2024|General|

TikTok? Rather not

It is a new age, and Generation Z, aptly known as Zoomers, are beginning to make up a large part of the workplace. With that comes employees who actively engage in all forms of social media. They use Facebook, Twitter, Instagram, Snapchat and TikTok almost interchangeably. While social media certainly has its benefits, there is [...]

March 26th, 2024|General|

Planning Ahead – The Workforce & Its Importance

Throughout this current series of articles, words such as “strategy”, “leadership”, “change”, and “organisational performance” have been used extensively. It is easy to understand why since the modern business or workplace constantly needs to adapt to its environment and ensure that it remains with, or even ahead of the times to ensure its success. In [...]

March 25th, 2024|Theme|

Resign, or I’ll Have to Report You

As an employer, you may encounter challenging scenarios involving employee misconduct within your workplace. It's imperative to understand that certain acts of misconduct not only breach company disciplinary codes but also constitute criminal offences under South African law. The Prevention and Combating of Corrupt Activities Act 12 of 2004 places a legal duty on employers [...]

March 25th, 2024|General|

Digitalisation of the Workplace

In the wake of the pandemic, the benefits of digital adoption have become increasingly apparent to organisations. The ability to conduct business remotely, facilitated by technological advancements, has prompted many businesses to embrace a hybrid work model. This shift aligns with the broader trend of digital-first business strategies, as evidenced by a Foundry study that [...]

March 18th, 2024|Theme|

Passion is the Key | Cass-Leigh Oranje

From a jovial household filled with the spirit of adventure and a passion for education, Cass-Leigh Oranje's journey from a curious Johannesburg student to a formidable force in labour law captures both her vibrant character and her deep-rooted desire to make a difference. Growing up in a family where holidays were an expedition and passion [...]

March 14th, 2024|Meet the Team|

Keep Watering the Grass

The modern workplace or business environment is nothing like it was in yesteryears when employees started from the bottom and worked their way up to the top after thirty to forty years of selfless dedication to one employer. Instead, the modern workplace is much more dynamic. Employees tend to migrate to workplaces or businesses where [...]

March 11th, 2024|Theme|

Aligning Annual Wage Increments with External Realities

South African businesses faced a multitude of challenges during the preceding financial year. Load shedding posed a significant obstacle, disrupting operations and increasing costs. The railway freight logistics sector also grappled with security challenges, including cable theft, vandalism, and track theft. These security breaches disrupted schedules and inflated transportation costs and had a cascading effect [...]

March 8th, 2024|Wages|
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