In the realm of South African labour law, the challenge of premature referrals in dismissal disputes has become a practical concern demanding careful consideration. Striking a balance between procedural adherence, determination of the dismissal date requirement, and efficient resolution processes is crucial. A premature referral occurs when an employee lodges a dispute with the relevant [...]
In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements. Understanding the boundaries of jurisdiction is paramount for employers. In this article, we delve into the crucial role of jurisdiction in settlement agreements, exploring its implications and offering insights to safeguard the [...]
From the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), or the Employment Equity Act (EEA). The CCMA cannot grant or [...]
Short-time work and lay-off can be considered an alternative to retrenchment; this became more prevalent since the Covid-19 pandemic when employers were forced to re-evaluate their business operations, some still recovering three years later, with the added strain of load-shedding. South Africa experienced load-shedding for over two hundred days in 2023 alone, with only one [...]
The work environment is teeming with different personalities and opinions, and it is for this reason that one might encounter an issue with other Employees in the workplace. To combat these issues, a structured system must be implemented to address any concerns and complaints. For an Employee to address any concerns, it should be done [...]
"I have cherished the idea of a democratic and free society in which all persons live together in harmony and with equal opportunities" – Nelson Mandela. Could this be the turning point that guides our society and our nation towards the ideal espoused by the great Madiba himself? In the face of proposed amendments [...]
We have previously written about what an essential service entails and the main reasons why the Labour Relations Act (LRA) defines specific industries as “essential”. The definition of “essential services” is still broad; therefore, under the auspices of the Commission for Conciliation, Mediation, and Arbitration (CCMA), the Essential Services Committee was established to decide [...]
The promotion of employees within the workplace environment is a discretion enjoyed by employers to exercise as they see fit. It is generally accepted that the exercise of this discretion by the employer should not be infringed on lightly. In other words, employers should not be told whom they may or may not promote. [...]
The test for reviewing and setting aside an Award of the Commission for Conciliation Mediation Arbitration (CCMA) or that of a National Bargaining Council is whether the decision reached by the Commissioner/Arbitrator is one that no other reasonable decision-maker could have reached. This proposition has been articulated so often that it is now trite. [...]
The year 2023 stands as a testament to the trials and tribulations private business owners have endured. Besieged by the dual nightmares of incessant load-shedding and a less-than-stellar economy, further aggravated by a contentious National Minimum Wage adjustment, the resilience of South African Small, Medium, and Micro Enterprises (SMMEs) is being sorely tested. Stirring [...]