CCMA

Time To Set the Record Straight – An Analysis of a Commissioner’s Mindset in Default Awards

We at CEO have published numerous articles on Default Arbitration Awards made by the CCMA. Those articles primarily focused on the remedies available to the employer in terms of the Labour Relations Act (LRA). This article will analyse how a commissioner comes to their outcome and the methodology they could or should have applied. It’s [...]

2024-01-25T09:09:51+02:00January 25th, 2024|Arbitration|Comments Off on Time To Set the Record Straight – An Analysis of a Commissioner’s Mindset in Default Awards

Think Again Before Pulling a “Sickie” – The Abuse of Sick Leave

The best place to start dealing with sick leave abuse as an employer is to understand what the Basic Conditions of Employment Act (BCEA) states regarding sick leave. Section 22 of the Basic Conditions of Employment Act stipulates that: “Sick leave cycle” means the period of thirty-six (36) months of employment with the same employer [...]

2024-01-18T11:09:11+02:00January 18th, 2024|Sick Leave|Comments Off on Think Again Before Pulling a “Sickie” – The Abuse of Sick Leave

Sun, Sweat, and Protection

There are instances in which the services of employees are required not only for a specific period but also for a specific occasion. The limited duration of the need of employees would necessitate that they be employed on a fixed-term contract, which should be in accordance with section 198(B) of the Labour Relations Act (LRA). [...]

2024-01-18T10:53:45+02:00January 18th, 2024|Theme|Comments Off on Sun, Sweat, and Protection

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?

When Age Matters: Retirement or an Automatically Unfair Dismissal?

South African labour laws lack a specified retirement age, and terminating an employee based on age may violate Section 187(1)(f) of the Labour Relations Act (LRA), which deems dismissals automatically unfair for arbitrary reasons such as age discrimination. Such dismissals can carry significant financial repercussions for employers. However, an exception is outlined in Section 187(2)(b) [...]

2023-12-13T10:26:46+02:00December 13th, 2023|General|Comments Off on When Age Matters: Retirement or an Automatically Unfair Dismissal?

Rescissions During the Festive Period

The festive season is a time of joy and celebration. However, while you might enjoy some time on the beach with your family and friends, the CCMA is still operational and proceeding with cases. If you find yourself missing your CCMA case over the festive period, it's essential to understand the implications and the steps [...]

2023-12-13T10:23:40+02:00December 13th, 2023|General, Theme|Comments Off on Rescissions During the Festive Period

Away for the Holidays

As you savour your well-deserved holiday following a busy year, the last thing you want is to cut your vacation short to travel back for a CCMA matter. The good news is that the Commission for Conciliation, Mediation, and Arbitration (CCMA) recognises the need for flexibility and has embraced digital platforms to facilitate proceedings even [...]

2023-12-08T13:02:04+02:00December 8th, 2023|Theme|Comments Off on Away for the Holidays

Navigating the Holiday Landscape

As the holiday season approaches, employees and employers alike find themselves preparing for a well-deserved break. However, the festive period can bring about unexpected challenges, especially if your workplace temporarily closes its doors. In this article, we will delve into crucial aspects of the Labour Law that you should consider during this festive closure, particularly [...]

2023-12-04T09:20:35+02:00December 4th, 2023|Theme|Comments Off on Navigating the Holiday Landscape

Big Little Lies: Why Being Honest On Your CV Is Important

Standard practice has always been that one’s Curriculum Vitae (‘CV’) should be an accurate and up-to-date representation of one’s professional career. This allows prospective employers an opportunity to make informed decisions for their respective companies. There, however, has been a trend amongst job seekers to oversell their qualifications, experiences, and memberships. Although this seems like [...]

2023-12-04T09:15:05+02:00December 4th, 2023|General|Comments Off on Big Little Lies: Why Being Honest On Your CV Is Important

Is Severance Pay Due if Employees are Employed on Fixed-Term Contracts

In our previous article, we discussed the entitlement to severance pay in terms of Section 41 of the Basic Conditions of Employment Act (BCEA) and the circumstances under which the benefit arises. Severance pay entitlement arises when an employee’s contract of employment is terminated for operational requirements. In terms of the section, the right to [...]

2023-11-27T10:59:06+02:00November 20th, 2023|Theme|Comments Off on Is Severance Pay Due if Employees are Employed on Fixed-Term Contracts
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