CCMA

Instructions to Work Overtime – Problematic Clauses in Employment Contracts

Working overtime is essential to an employer’s operational requirements in specific industries within our labour-sphere. If an employee refuses to work overtime when their employer requests it, it is necessary to consider the lawfulness and reasonableness of the instruction. Although the Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates the payment for overtime [...]

2024-06-27T14:05:35+02:00June 27th, 2024|Theme|Comments Off on Instructions to Work Overtime – Problematic Clauses in Employment Contracts

To Bump or Not to Bump

Due to our prevalent economic challenges, the topic of retrenchment has become a regular discussion topic in South Africa. It is more significant for employers to thoroughly understand the retrenchment process and the options available for consideration when challenged with a decision to retrench as their last resort. During retrenchment consultations, the generally accepted fair [...]

2024-06-27T13:51:03+02:00June 27th, 2024|General|Comments Off on To Bump or Not to Bump

How “Immediate” Can a Resignation Without Notice Be

The legalities behind resignations and notice periods have been a source of confusion for employers. Often, employers are unsure whether the Basic Conditions of Employment Act 75 of 1997 (BCEA) takes precedence over the explicit terms of a contract of employment. Employers may also be uncertain about the implications of a resignation letter with the [...]

2024-06-24T09:48:48+02:00June 20th, 2024|Resignation|Comments Off on How “Immediate” Can a Resignation Without Notice Be

Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

The CCMA is often faced with matters where employees claim that their employer has made certain unlawful deductions from their salaries. This article seeks to unpack and clarify the current position in our law regarding deductions by an employer and the jurisdiction of the CCMA to hear such disputes. Until recently, the CCMA dealt with [...]

2024-06-20T14:17:20+02:00June 20th, 2024|General, Theme|Comments Off on Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

The Labour Court of South Africa recently delivered an interesting judgment on 29 April 2024, in the case of SACCAWU obo Dlamini v Commission for Conciliation, Mediation and Arbitration and Others (JR2281/21) [2024] ZALCJHB 180 (29 April 2024). This case presents important lessons for employers regarding the fair treatment of employees during disciplinary processes and [...]

2024-06-14T10:28:36+02:00June 14th, 2024|Dismissal|Comments Off on Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

The Prescription Act 68 of 1969 safeguards employers against the indefinite pursuit of severance pay claims. This legislation sets a definitive time limit within which claims must be initiated, thus providing employers with certainty and protection from protracted liabilities. In terms of the Basic Conditions of Employment Act (BCEA), specifically Section 41(1), a retrenched employee [...]

2024-06-10T10:04:02+02:00June 10th, 2024|General|Comments Off on Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

The Importance of Employer Registration with Bargaining Councils

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 [...]

2024-06-04T12:17:37+02:00June 3rd, 2024|General|Comments Off on The Importance of Employer Registration with Bargaining Councils

Balancing Flexibility and Stability

The origins of employment relationships derive from principles of Common Law and remain the basis of employment relationships in labour relations as they exist today.  Many of the provisions of the Common Law employment contract have subsequently been amended and regulated by adopting legislation that sought to remedy the inadequacies of the Common Law, such [...]

2024-06-04T09:22:42+02:00June 3rd, 2024|Theme|Comments Off on Balancing Flexibility and Stability

Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

During the recruitment process, it is common practice for many employers to ask prospective employees questions about their criminal and credit records. The purpose, in general, is to ascertain the candidate's suitability for the position. At first glance, this vetting process appears unproblematic. Employers should legitimately be entitled to request this information to ensure they [...]

2024-05-23T10:54:49+02:00May 23rd, 2024|General|Comments Off on Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

What can you do if one of your employees refuses to testify at an arbitration or disciplinary hearing?

Employers might face situations where witnesses necessary for an arbitration or disciplinary hearing are unavailable because they have left the company or moved abroad. However, what should employers do if a current employee, who is a key witness, refuses to testify? In certain cases, an employee's refusal to testify might be warranted if they have [...]

2024-05-02T10:56:44+02:00May 2nd, 2024|Arbitration|Comments Off on What can you do if one of your employees refuses to testify at an arbitration or disciplinary hearing?
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