In this case, the Respondent argued that the individual Applicants were dismissed for allegedly intimidating their colleagues into joining the Association of Mineworkers and Construction Union (AMCU). On the other hand, AMCU claimed that the five members were dismissed around 31 August 2016 for simply exercising their rights by joining the union and encouraging others [...]
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 [...]
The Basic Conditions of Employment Act (BCEA) regulates deductions against the benefits of the employee in accordance with provisions set out in Section 34 of the Act. The BCEA specifically addresses deductions in respect of damages. Section 34(2) permits an employer to deduct from an employee’s remuneration for reasons related to loss or damage, provided [...]
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 [...]
The National Minimum Wage Act (NMWA) represents a significant step towards ensuring fair pay and improving living standards for workers in South Africa. It establishes a legal minimum wage that employers must pay their employees. However, the Act acknowledges that not all types of work fit within this standard framework and includes specific exemptions to [...]
The recruitment and selection processes are critical operational aspects of any organisation. Although employers generally have complete discretion in determining whom to appoint for a respective position, there are exceptions to how this discretion can be implemented. If a prospective candidate is not appointed due to unfair or irrational reasons, there may be adverse legal [...]
As a result of the Covid-19 pandemic and other factors, many employees struggle with physical and mental illness. In the more recent case of Pahlanga vs The Petroleum Oil and Gas Corporation of South Africa (PetroSA) Case no C564/2019, 9 July 2021), the Labour Court had to consider whether the dismissal of an employee for [...]