The case National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) v Bloch N.O. offers critical insights for employers, particularly those managing incentive schemes under collective agreements. This judgment sheds light on the legal principles surrounding compliance, particularly "substantial compliance," and the obligations employers have when implementing such schemes. Here’s what employers need [...]
As an employer, you may have felt overwhelmed after discovering your business on a Labour Inspector’s “most wanted” list, receiving a compliance order, and struggling to find guidance. With CEO on your side, those days of uncertainty are over! We’ll help you transform that tidal wave of uncertainty into a manageable task. Armed with our [...]
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 [...]
It is settled law that a union can call a strike or embark on industrial action if there is a dispute regarding matters of mutual interest. Many employers, however, raise the question of whether their employees desire to embark on industrial action at the expense of losing their wages. As much as this is a [...]
Section 14 of the BCEA (Basic Conditions of Employment Act) stipulates as follows: An Employer must give an Employee who works continuously for more than five (5) hours a meal interval of at least one (1) continuous hour. During a meal interval, an Employee may be required or permitted to perform only duties that cannot [...]
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 [...]
In certain industries, such as hospitality, retail sector, estate agents and financial advisory, commission is an important component of the payment structure of these employees. In the calculation of the employee's remuneration, on more than one occasion, the question arose if the commission forms part of the calculation to comply with the National Minimum Wage [...]
South Africa is known as the rainbow nation with eleven (11) official languages and more than fifteen (15) different cultures. This combination of diversified individuals often causes tension and conflict between the employer and employees in the workplace. In the recent matter of Toyota South-Africa Motors (PTY) Ltd v NUMSA obo Njilo and Others (D692/19) [...]
Section 64 of the Labour Relations Act (the “LRA”) regulates the right to strike and recourse to lock-out. In terms of Section 64(1), every employee has the right to strike, and every employer has recourse to lock-out if the issue in dispute has been referred to a council or the Commission as required by the [...]
The Rules for the Conduct of Proceedings before the CCMA (“the Rules”) govern the processes of the CCMA and accordingly apply to Bargaining Councils. As such, the issue of representation has been one of contention over the years. The CCMA is a more informal process than a Court and is generally geared toward resolving matters [...]