labour law

Prescription: A Shield for Employers Against Extinguished Claims for Severance Pay

The Prescription Act 68 of 1969 safeguards employers against the indefinite pursuit of severance pay claims. This legislation sets a definitive time limit within which claims must be initiated, thus providing employers with certainty and protection from protracted liabilities. In terms of the Basic Conditions of Employment Act (BCEA), specifically Section 41(1), a retrenched employee [...]

2024-06-10T10:04:02+02:00June 10th, 2024|General|0 Comments

Future-Proofing the Workforce

There has been an undeniable shift in the use of technological advances in the workforce. Leveraging these advances has proven to be not only beneficial in performing tasks but absolutely crucial. Technological advances such as Artificial Intelligence ‘AI’ and automation have always reared themselves in the workplace, subtly and in mundane tasks. Automation and AI [...]

2024-06-10T10:58:28+02:00June 10th, 2024|Theme|1 Comment

The Importance of Employer Registration with Bargaining Councils

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 [...]

2024-06-04T12:17:37+02:00June 3rd, 2024|General|Comments Off on The Importance of Employer Registration with Bargaining Councils

Balancing Flexibility and Stability

The origins of employment relationships derive from principles of Common Law and remain the basis of employment relationships in labour relations as they exist today.  Many of the provisions of the Common Law employment contract have subsequently been amended and regulated by adopting legislation that sought to remedy the inadequacies of the Common Law, such [...]

2024-06-04T09:22:42+02:00June 3rd, 2024|Theme|Comments Off on Balancing Flexibility and Stability

Maximising Time Off

Annual leave is vital to all employees' well-being, offering them a much-needed respite from their daily work endeavours. Embedded within South Africa’s labour framework, the Basic Conditions of Employment Act (BCEA) outlines the rights and entitlements surrounding annual leave. This article will briefly discuss the provisions, implications, and benefits it holds for both employers and [...]

2024-05-23T11:15:02+02:00May 23rd, 2024|Theme|Comments Off on Maximising Time Off

Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

During the recruitment process, it is common practice for many employers to ask prospective employees questions about their criminal and credit records. The purpose, in general, is to ascertain the candidate's suitability for the position. At first glance, this vetting process appears unproblematic. Employers should legitimately be entitled to request this information to ensure they [...]

2024-05-23T10:54:49+02:00May 23rd, 2024|General|Comments Off on Are employers permitted to scrutinise a prospective employee’s criminal and credit history?

The ABC’s of TES: Understanding the Deeming Provision

Employers often use service providers to perform certain functions or duties within a workplace, which the employer may not be able to do or perform itself. As per South African legislation, these providers are generally referred to as “labour brokers”; however, the correct term is “Temporary Employment Service” (TES). Section 198 of the Labour Relations Act [...]

2024-05-22T14:43:31+02:00May 20th, 2024|General|Comments Off on The ABC’s of TES: Understanding the Deeming Provision

Beyond 9 to 5: Unraveling Overtime Work in South Africa

On the 8th of November 2022, the Labour Court heard the matter between the Association of Mineworkers and Construction Workers Union obo Mkhonto and Others v Commission for Conciliation, Mediation and Arbitration and Others [2023] JOL 57981 (LC). The Court had to decide whether the dismissal of the AMCU members who refused to work overtime [...]

2024-05-13T13:36:27+02:00May 13th, 2024|Theme|Comments Off on Beyond 9 to 5: Unraveling Overtime Work in South Africa

Clearing the Haze: The Labour Appeal Court’s Judgment on Cannabis in the Workplace

The recent Labour Appeal Court (LAC) decision in the case of Bernadette Enever vs Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] LAC has sparked widespread debate within the labour law sector regarding the appropriateness of dismissals following positive cannabis tests in the workplace. This case marks a pivotal [...]

2024-05-08T12:23:21+02:00May 6th, 2024|General|Comments Off on Clearing the Haze: The Labour Appeal Court’s Judgment on Cannabis in the Workplace

Understanding Employment Relationships in the Developing Gig Economy

The Fourth Industrial Revolution (4IR) has catalysed a shift towards freelancing and independent contracting, emphasising the need to examine Section 200A of the Labour Relations Act (LRA) alongside Section 83A of the Basic Conditions of Employment Act (BCEA). Section 200A of the LRA assumes that a person working or providing services under any contract format [...]

2024-05-13T11:33:50+02:00May 6th, 2024|Theme|Comments Off on Understanding Employment Relationships in the Developing Gig Economy
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