Tensions in the workplace often arise from employees feeling unfairly discriminated against upon the realisation that they are unequally paid for work of equal value. Employers must protect employees' rights and dignity, while employees should be well-informed about labour legislation to prevent unnecessary conflicts regarding the terms and conditions of employment. In the recent Labour [...]
The post-COVID-19 era has witnessed a decline in membership representation across many bargaining councils due to aspects such as business closures, which have significantly impacted the representativity of certain councils. Additionally, South Africa's high unemployment rate is one of the biggest challenges, as most companies are still recovering and cannot afford to recruit new employees. [...]
The recent CCMA ruling in Solidarity obo Members / Sibanye Platinum Mine and Others ([2024] 10 BALR 1126 (CCMA)) reaffirms the critical role threshold agreements play in maintaining stability and fairness within collective bargaining frameworks. From an employer’s perspective, the decision clearly endorses majoritarian principles and highlights the necessity of adherence to collective agreements. Case [...]
Demarcation disputes play an important role in South African Labour Law, especially in the context of sectoral determinations and the classification of businesses within specific industries. These disputes arise when an employer believes their business should not be classified under a particular sector or industry defined by the Labour Relations Act (LRA) or Bargaining Council [...]
"You can't play a symphony alone, it takes an orchestra to play it." This quote by Navjot Singh Sidhu perfectly encapsulates the essence of a recent arbitration award that has significant implications for employer representation in South Africa’s civil engineering sector. Just as every musician, regardless of the size of their instrument, deserves to be [...]
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 [...]
Section 213 of the Labour Relations Act defines a collective agreement as: “A written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand, and, on the other, had a) one or more employers; b) one or more registered [...]
It is common knowledge that trade unions are recognised within the 1996 Constitution of South Africa, which provides for the right to join trade unions and for unions to bargain collectively and have the right to embark on strikes (industrial action). These Constitutionals rights are further entrenched and expanded upon in the Labour Relations Act. While [...]
Temporary Employment Services (TES) have become increasingly popular in South Africa due to their flexibility and cost-effectiveness. However, due to their unique nature, governing legislation such as the Labour Relations Act as well as various court judgments, also present unique challenges regarding workers' rights and employment conditions. Since TES’s pose a unique scenario, trade [...]
In previous articles on the topic of organisational rights, we have mentioned that when it comes to the establishment of organisational rights at a plant level, the approach that is normally used is to observe section 21 of the Labour Relations Act. However, when it comes to collective bargaining on an industry level, it [...]