The various interpretations afforded to the "Deeming Provision" contained in Section 198A(3)(b) of the Labour Relations Act 66 of 1995 have been shrouded in confusion and uncertainty for a long time. However, the Labour Appeal Court decision handed down on 10 July 2017, reported as NUMSA v Assign Services and Others LAC Case No: JA96/16, [...]
Negotiations between the employer and Trade Unions are never straightforward. Whether negotiations relate to wages, collective agreements, bonuses, or allowances, finding common ground is generally a tense and lengthy affair. The main aim of negotiation is to resolve the dispute between the parties amicably. The preferred outcome is the opportunity to resolve the dispute at [...]
After going through a series of interviews and the employer has identified a suitable candidate for the available position, an offer of employment is sent to the successful candidate. In many instances, there is delight and excitement when a successful candidate receives an offer of employment. At this stage, the employer has identified that the [...]
Three questions arise from this topic: Does an employee need to ask permission or take leave to attend their CCMA matter? Must an employee attending a CCMA matter be remunerated for that day? Can an employer take disciplinary steps against an employee attending a CCMA case without permission or leave? This is a controversial topic [...]
The question of who falls within the ambit of an “employee” for purposes of the Labour Relations Act (LRA) is dealt with in many disputes referred to the CCMA or Bargaining Councils under a broad scope. This generally causes confusion, and most parties raise it as a jurisdictional point before the actual dispute is entertained. [...]
The past two years have shown some trying times for employers and employees, which gave rise to the employee’s interest and need to join a trade union. Different trade unions specialise in different trades, and we can be sure that there is a union for almost every trade in South Africa. It has been noted [...]
Absconsion is defined as an instance where an employee leaves their workplace with no intention to return. Employers usually fall into the trap of assuming that if an employee has absconded, the relationship ends without any effort on their side however, there is a duty on the employer to ascertain that the employee has indeed [...]
Introduction Mutual separation agreements (“MSA’s”) are not prohibited from use and are governed in accordance with the Common Law; notably, they are entrenched within the Law of Contract. Section 191(1) of the LRA empowers the CCMA to determine the existence of a dismissal and the fairness of the dismissal. Therefore, a valid MSA means there [...]
Being an employer in the current economic climate can be challenging at the best of times. In an attempt to alleviate the burden of this, employers often engage the services of an individual to tender their services and then render an invoice. Employers, however, need to be very cautious when doing so as the lines [...]
Until recently, there has been great uncertainty regarding forfeiture of accumulated leave, and employers and employees have often asked questions in this regard. This has led to countless disputes referred to the CCMA. The Basic Conditions of Employment Act 75 of 1997 (BCEA), refers to "statutory annual leave" and provisions for one (1) day of [...]