Section 73A Disputes – Don’t let the rugby referee officiate the soccer match; make sure your game ball is on the right field

Employers are often called to appear at the CCMA after failing to pay an employee's outstanding money. A dispute in terms of Section 73A of the Basic Conditions of Employment Act 75 of 1997, as amended, will be set down as an unobjected Con/Arb process. This means that should parties fail to resolve their dispute [...]

2022-09-22T10:45:51+02:00September 22nd, 2022|General|1 Comment

Jurisdiction of the CCMA to determine an alleged breach of Section 34(2) of the BCEA

It frequently occurs that employers make deductions in terms of Section 34(1) of the BCEA. These deductions are usually for staff loans, damages to company property, traffic fines and sometimes the excess arising from an accident. If an employee disputes this deduction, they would ordinarily refer a Section 73A dispute to the CCMA; however, in [...]

2022-09-20T13:18:10+02:00September 20th, 2022|General|1 Comment

The effect employee-performance management has on employee success

There are diverse types of management styles in the workplace. New research by the consulting firm Hay/McBer found six distinct leadership styles, each springing from different components of emotional intelligence. The styles, taken individually, appear to have a direct and unique impact on the working atmosphere of a company, division, or team and, in turn, [...]

2022-09-19T09:18:31+02:00September 19th, 2022|General|1 Comment

Oh, my deduction!

The Basic Conditions of Employment Act seeks to provide protection of an employment relationship and give effect and regulate labour practices for it to be fair. Section 34 deals with deductions and other acts concerning remuneration. It states that an employer may not make any deduction from an employee’s remuneration unless: - (a) the employee [...]

2022-09-16T06:18:10+02:00September 16th, 2022|General|Comments Off on Oh, my deduction!

Temporary Employment Services – the sole employer approach preferred by the Courts

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, [...]

2022-09-14T11:09:30+02:00September 14th, 2022|Contracts|Comments Off on Temporary Employment Services – the sole employer approach preferred by the Courts

Overtime and the bottom line

For many enterprises, the wage bill represents a significant expense, often the most considerable single monthly expense. The affordability of the expense can be debilitating for many smaller companies. The situation may further be compounded by the need to pay overtime; as many employers know, overtime is a costly exercise. Although overtime should be an [...]

2022-09-09T12:44:03+02:00September 6th, 2022|General|Comments Off on Overtime and the bottom line

Let’s agree to disagree

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 [...]

2022-09-06T13:34:22+02:00September 6th, 2022|General|Comments Off on Let’s agree to disagree

What happens when your employee becomes sick while on annual leave?

From time to time, shortly after an employee returns from their annual leave, they furnish their employer with a medical certificate stating that they spent a period of their leave being sick. The question is, how does an employer deal with this situation going forward? Section 22(1) to 22(4) of the Basic Conditions of Employment [...]

2022-09-01T09:11:59+02:00September 1st, 2022|General, Sick Leave|Comments Off on What happens when your employee becomes sick while on annual leave?

Let’s Set the Record Straight

In the recent, unreported judgement of Mashigo v SSSBC, under case number JR 269/2022, one of the questions which arose was whether a record or minutes from a disciplinary hearing could be submitted into evidence without them being substantiated by means of oral evidence by the same witnesses who testified at the same disciplinary hearing. [...]

2022-08-30T11:48:23+02:00August 30th, 2022|General|Comments Off on Let’s Set the Record Straight

What would amount to sufficient particulars in a Section 73A referral? An opinion piece.

Section 73A was introduced as an amendment to the Basic Conditions of Employment Act to allow employee(s) earning under the prescribed threshold to refer a dispute to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) for claims for alleged outstanding money owed. Prior to Section 73A, a dispute for outstanding money would have been referred [...]

2022-08-26T09:45:26+02:00August 26th, 2022|General|Comments Off on What would amount to sufficient particulars in a Section 73A referral? An opinion piece.
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