agreement

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. [...]

2024-12-12T06:55:57+02:00December 12th, 2024|Theme|Comments Off on Inherent Requirement of the Job versus Discrimination in the Workplace

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 [...]

2024-12-09T19:26:01+02:00December 9th, 2024|Theme|Comments Off on Workplace Agreements Resulting in Unequal Pay

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 [...]

2024-11-21T15:24:40+02:00November 21st, 2024|General|Comments Off on Threshold Agreements

Discretionary Bonuses – Problematic Clauses in Employment Contracts

South African Labour Law does not provide for compulsory payment of bonuses unless the employer falls within the ambit of a specific Bargaining Council or if a particular company policy makes such a provision. Therefore, without a Policy or Bargaining Council regulating a particular industry, an employee has no automatic right to a bonus. The [...]

2024-07-08T11:14:19+02:00July 8th, 2024|Theme|Comments Off on Discretionary Bonuses – Problematic Clauses in Employment Contracts

Instructions to Work Overtime – Problematic Clauses in Employment Contracts

Working overtime is essential to an employer’s operational requirements in specific industries within our labour-sphere. If an employee refuses to work overtime when their employer requests it, it is necessary to consider the lawfulness and reasonableness of the instruction. Although the Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates the payment for overtime [...]

2024-06-27T14:05:35+02:00June 27th, 2024|Theme|Comments Off on Instructions to Work Overtime – Problematic Clauses in Employment Contracts

To Bump or Not to Bump

Due to our prevalent economic challenges, the topic of retrenchment has become a regular discussion topic in South Africa. It is more significant for employers to thoroughly understand the retrenchment process and the options available for consideration when challenged with a decision to retrench as their last resort. During retrenchment consultations, the generally accepted fair [...]

2024-06-27T13:51:03+02:00June 27th, 2024|General|Comments Off on To Bump or Not to Bump

Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

The CCMA is often faced with matters where employees claim that their employer has made certain unlawful deductions from their salaries. This article seeks to unpack and clarify the current position in our law regarding deductions by an employer and the jurisdiction of the CCMA to hear such disputes. Until recently, the CCMA dealt with [...]

2024-06-20T14:17:20+02:00June 20th, 2024|General, Theme|Comments Off on Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

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 [...]

2024-06-04T09:22:42+02:00June 3rd, 2024|Theme|Comments Off on Balancing Flexibility and Stability

Beware! The Agents are coming!

Section 213 of the Labour Relations Act defines a collective agreement as: “A written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand, and, on the other, had a) one or more employers; b) one or more registered [...]

2024-03-12T10:55:29+02:00March 4th, 2024|General|Comments Off on Beware! The Agents are coming!

Whose Mandate Is It Anyway?

Settlement agreements are an integral part of the dispute resolution process. Whenever there is a dispute, whether in the CCMA or internally in the workplace, the parties to the dispute are encouraged to settle disputes to avoid drawn-out and costly dispute processes. Parties can negotiate independently or get representatives to negotiate on their behalf. In [...]

2023-12-13T10:40:00+02:00December 13th, 2023|General|Comments Off on Whose Mandate Is It Anyway?
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