Compliance Orders are enforcement tools issued by labour inspectors under the Basic Conditions of Employment Act (BCEA) to ensure that employers meet their legal obligations. When a violation of the BCEA is detected, a Compliance Order outlines the steps an employer must take to correct the breach within a specified timeframe. This infographic provides a [...]
Progressive discipline is a structured approach to addressing workplace misconduct by guiding employees toward corrective behaviour rather than immediate dismissal. Rooted in Schedule 8 of the Labour Relations Act, this system emphasises fairness by applying graduated disciplinary measures, starting with counselling and escalating through verbal and written warnings, final warnings, and, where necessary, sanctions short [...]
Unprotected strikes occur when employees or unions fail to comply with the requirements set out in the Labour Relations Act (LRA). Unlike protected strikes, these actions expose participants to serious legal and disciplinary consequences. This infographic outlines the structured process employers should follow when dealing with unprotected strikes, from issuing ultimatums to applying for urgent [...]
The case National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) v Bloch N.O. offers critical insights for employers, particularly those managing incentive schemes under collective agreements. This judgment sheds light on the legal principles surrounding compliance, particularly "substantial compliance," and the obligations employers have when implementing such schemes. Here’s what employers need [...]
When an employer receives a compliance order, they essentially have two options: The employer can comply with the compliance order or; The employer can challenge or oppose the compliance order. This article focuses only on the second option, challenging or opposing the compliance order. When one looks at a compliance order received from the Department [...]
Employers who fail to comply with their industry’s Main Collective Agreement will end up on the receiving end of compliance orders from the relevant Bargaining Council. Before delving into the process following the issuance of a compliance order, it’s essential to understand the formation of Bargaining Parties, the nature of a Collective Agreement, and the [...]
One of the responsibilities of the Department of Employment and Labour is to ensure that all employers adhere to the Basic Conditions of Employment Act (BCEA) and the National Minimum Wage Act (NMWA). These Acts prescribe the minimum conditions of employment, including working hours, sick leave, annual leave, and the determined minimum wage. A compliance [...]
As an employer, you may have felt overwhelmed after discovering your business on a Labour Inspector’s “most wanted” list, receiving a compliance order, and struggling to find guidance. With CEO on your side, those days of uncertainty are over! We’ll help you transform that tidal wave of uncertainty into a manageable task. Armed with our [...]