For many enterprises, the wage bill represents a significant expense, often the most considerable single monthly expense. The affordability of the expense can be debilitating for many smaller companies. The situation may further be compounded by the need to pay overtime; as many employers know, overtime is a costly exercise. Although overtime should be an [...]
From time to time, shortly after an employee returns from their annual leave, they furnish their employer with a medical certificate stating that they spent a period of their leave being sick. The question is, how does an employer deal with this situation going forward? Section 22(1) to 22(4) of the Basic Conditions of Employment [...]
In certain industries, such as hospitality, retail sector, estate agents and financial advisory, commission is an important component of the payment structure of these employees. In the calculation of the employee's remuneration, on more than one occasion, the question arose if the commission forms part of the calculation to comply with the National Minimum Wage [...]
Three questions arise from this topic: Does an employee need to ask permission or take leave to attend their CCMA matter? Must an employee attending a CCMA matter be remunerated for that day? Can an employer take disciplinary steps against an employee attending a CCMA case without permission or leave? This is a controversial topic [...]
Intimidation can be defined as a threat, either physical, verbal or through inference and suggestive actions that have the effect of making the person(s) to whom it is directed to fearful of the threats directed towards them. The Employment Equity Act 55 of 1998 draft code of good practice on preventing and eliminating violence and [...]
Section 64 of the Labour Relations Act (the “LRA”) regulates the right to strike and recourse to lock-out. In terms of Section 64(1), every employee has the right to strike, and every employer has recourse to lock-out if the issue in dispute has been referred to a council or the Commission as required by the [...]
In a recent judgment handed down in the matter of Bernadette Enever v Barloworld Equipment, a division of Barloworld South Africa (Pty) Ltd (JS633/20 and JS926/20) LC, the Labour Court upheld the dismissal of an employee for the breach of the employer’s zero-tolerance Alcohol and Substance Abuse policy whereby the employee repeatedly tested positive for the [...]
The Rules for the Conduct of Proceedings before the CCMA (“the Rules”) govern the processes of the CCMA and accordingly apply to Bargaining Councils. As such, the issue of representation has been one of contention over the years. The CCMA is a more informal process than a Court and is generally geared toward resolving matters [...]
While the topic of demarcation disputes can sometimes seem as if they are shrouded as an enigma and can be rather technical in nature, the purpose of this article is to provide a concise and practical understanding of demarcation disputes as well as how an employer goes about referring a demarcation dispute. The CCMA defines [...]
WhatsApp is a popular means of communication; employers often create group chats within their Company to communicate instructions or share relevant company information. But what happens when an employee uses this means of communication to share his or her view of a topic that could ultimately affect the working environment? In a recent CCMA decision, [...]