Many scenarios may come to mind when one thinks of the word “strike”. However, few have considered how this action affects an Employer and their business. The Labour Relations Act (LRA) defines a strike as “the partial or complete concreted refusal to work, or the retardation or obstruction of work, by persons who are [...]
As an Employer in South Africa, you may have received a call from an Official requesting your mandate to settle a dispute referred to the Commission for Conciliation, Mediation, and Arbitration (CCMA). This can be confusing and even frustrating, especially if you already have legal representation, feel you have a good case or are [...]
Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be asked, “Can an Employer dismiss an Employee solely for failing a polygraph test? Under what circumstances can it be used? And when can an Employer rely on the results of a polygraph test?” In answering these questions, it [...]
Historically, there has always been unequal bargaining power between Employers and Employees. Employers are seen as having greater authority in the workplace, and the rights as conferred in the Labour Relations Act (LRA) are necessary to level the playing field. Section 23 of the Constitution of the Republic of South Africa gives everyone the right [...]
At the core of any Employer-Employee relationship emanates a common law duty of an Employee to render services to an Employer; however, it happens every so often that the Employer will require the Employee to render services beyond their contractual hours, commonly known as “overtime”. Overtime is essentially an instruction that requires an agreement, an [...]
What process should be followed when it comes to Plant-Level Negotiations? Plant-level negotiations can best be described as formal discussions between Employers and Employees who have different aims or intentions, particularly in the workplace, during which they try to reach an agreement. This form of negotiation within a specific workplace can be conducted informally in [...]
A term often heard in the context of applying discipline in the workplace is the word "consistency" or its opposite, "inconsistency." The term “consistency” should be seen as "treating like with like" or "measuring all by the same standard". In other words, it would be unfair to treat people who have committed similar acts of [...]
The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers’ burden of proof, the value of witness testimony, and the consequences of failing to produce a witness? An Arbitration is a process whereby both parties present evidence supporting [...]
In the case of Bidvest Protea Coin (Pty) Ltd v South African Transport and Allied Workers Union and Others (2023) 32 LAC 1.11.12 also reported at [2023] 3 BLLR 195 (LAC), the Employee was a security guard that was stationed at a casino. The Employee was instructed to escort a wanted man to an interview [...]
How to ensure Employers are covered when signing a full and final settlement or mutual termination agreement. A settlement or mutual termination agreement is a contractual agreement where parties agree to terminate the employment relationship. This contractual agreement is neither a dismissal nor a resignation. This agreement is mutually consented to as a recourse to [...]