In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements. Understanding the boundaries of jurisdiction is paramount for employers. In this article, we delve into the crucial role of jurisdiction in settlement agreements, exploring its implications and offering insights to safeguard the [...]
From the point of departure, it is essential to acknowledge that the CCMA is a creature of statute, and jurisdiction will be limited to the powers given to the presiding Commissioner by the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), or the Employment Equity Act (EEA). The CCMA cannot grant or [...]
The EEA requires employers to take reasonable steps to prevent and respond to sexual harassment within the workplace. The Commission for Conciliation, Mediation and Arbitration (CCMA) has jurisdiction over complaints related to sexual harassment in the workplace. When an employee believes that they have been subjected to sexual harassment, they can refer their complaint to [...]
It frequently occurs that employers make deductions in terms of Section 34(1) of the BCEA. These deductions are usually for staff loans, damages to company property, traffic fines and sometimes the excess arising from an accident. If an employee disputes this deduction, they would ordinarily refer a Section 73A dispute to the CCMA; however, in [...]
The jurisdiction to arbitrate disputes concerning unfair dismissals is conferred on the CCMA under Section 191 of the Labour Relations Act 66 of 1995 (hereinafter referred to as the LRA). Section 191(5)(b) further contains the respective instances where a dismissal dispute may be referred to the Labour Court for adjudication. This article will specifically deal [...]
Jurisdiction has become a tremendously complex issue in labour dispute resolution. Few individual applicants can deal with the detailed rules of the jurisdiction, and applicants often fail to understand why the CCMA may or may not have jurisdiction in a certain case. The CCMA is a creature of statute, and as such, it does [...]
The term jurisdiction refers to the extent of power which the CCMA; Bargaining Councils; Labour Court and Labour Appeal Court have in order to make legal decisions and judgments. It is imperative that employees become aware of the relevant forums in which they can refer their disputes, in order to ensure that the correct [...]
It has been nearly three months since the legislature has signed into law the Labour Relations Amendment Act (LRAA), Basic Conditions of Employment Amendment Act (BCEAA) and the National Minimum Wage Act (NMWA). The BCEAA introduced several measures to enforce its provisions, including that of section 73A. The aforementioned section constitutes a significant extension [...]
Section 191 of the Labour Relations Act 66 of 1995 (LRA), confers jurisdiction on the CCMA to arbitrate disputes regarding unfair dismissals. However, it often happens that employees refer disputes to the CCMA where there was no dismissal on the part of the employer, but rather an election by the employee to resign. The first [...]
Recently, some of the Employment Equity Act 55 of 1998’s (the act) sections have been amended. This article specifically address the amendments made to sections 10 and 11 of this act. It can be summarized as follows: (1) An employee, or applicant for employment, may refer a dispute concerning alleged unfair discrimination (or medical or [...]