Labour Relations Act

Rising Tides: The National Minimum Wage & Keeping Your Business Buoyant

The recent announcement by the Department of Employment and Labour to increase the National Minimum Wage (NMW) from R25.42 to R27.58 per hour, effective from 1 March 2024, marks a critical juncture for South Africa’s labour market. This legislative change is aimed at addressing longstanding issues of living wages and economic disparity, seeking to uplift [...]

2024-02-07T13:45:27+02:00February 7th, 2024|Wages|Comments Off on Rising Tides: The National Minimum Wage & Keeping Your Business Buoyant

Sun, Sweat, and Protection

There are instances in which the services of employees are required not only for a specific period but also for a specific occasion. The limited duration of the need of employees would necessitate that they be employed on a fixed-term contract, which should be in accordance with section 198(B) of the Labour Relations Act (LRA). [...]

2024-01-18T10:53:45+02:00January 18th, 2024|Theme|Comments Off on Sun, Sweat, and Protection

The CCMA’s Jurisdiction Over Illegal Workers

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 [...]

2023-10-31T10:22:36+02:00September 4th, 2023|Theme|Comments Off on The CCMA’s Jurisdiction Over Illegal Workers

Constitutional Court denies NEASA and SAEFA Leave To Appeal in major victory for SMMEs in the Metals Industry

In a pivotal ruling on 25 August 2023, the Constitutional Court dismissed the leave to appeal sought by NEASA and SAEFA. This follows the rejection of their previous appeals by both the Labour Court and the Labour Appeals Court. The issue at hand was NEASA's challenge against the decision of the Metal and Engineering Industries [...]

2023-10-31T10:23:23+02:00August 25th, 2023|General, Labour Relations Act|Comments Off on Constitutional Court denies NEASA and SAEFA Leave To Appeal in major victory for SMMEs in the Metals Industry

I’ve been laid off… Am I suspended?

Short-time work and lay-off can be considered an alternative to retrenchment; this became more prevalent since the Covid-19 pandemic when employers were forced to re-evaluate their business operations, some still recovering three years later, with the added strain of load-shedding. South Africa experienced load-shedding for over two hundred days in 2023 alone, with only one [...]

2023-10-31T10:23:27+02:00August 14th, 2023|General|Comments Off on I’ve been laid off… Am I suspended?

Think twice before lodging falsified grievances

The work environment is teeming with different personalities and opinions, and it is for this reason that one might encounter an issue with other Employees in the workplace. To combat these issues, a structured system must be implemented to address any concerns and complaints. For an Employee to address any concerns, it should be done [...]

2023-10-31T10:23:29+02:00August 7th, 2023|General|Comments Off on Think twice before lodging falsified grievances

What steps need to be followed upon receipt of the Trade Union demands?

It is common knowledge that trade unions are recognised within the 1996 Constitution of South Africa, which provides for the right to join trade unions and for unions to bargain collectively and have the right to embark on strikes (industrial action). These Constitutionals rights are further entrenched and expanded upon in the Labour Relations Act. While [...]

2023-07-31T11:23:59+02:00July 31st, 2023|General, Labour Relations Act, Theme|Comments Off on What steps need to be followed upon receipt of the Trade Union demands?

Caught in Suspension. The dilemma of awarding performance bonuses when there are evaluation hurdles

In the recent case of Moraka / Road Accident Fund (2023), 32 CCMA 6.7.4 also reported at [2023] 7 BALR 786 (CCMA), it was determined that although the employee was suspended and their performance could not be evaluated, that did not mean they were automatically entitled to a performance bonus. The Applicant was a [...]

2023-07-24T11:15:15+02:00July 24th, 2023|Dismissal, General, Labour Relations Act|Comments Off on Caught in Suspension. The dilemma of awarding performance bonuses when there are evaluation hurdles

Temporary Employment Services and Organisational Rights

Temporary Employment Services (TES) have become increasingly popular in South Africa due to their flexibility and cost-effectiveness. However, due to their unique nature, governing legislation such as the Labour Relations Act as well as various court judgments, also present unique challenges regarding workers' rights and employment conditions. Since TES’s pose a unique scenario, trade [...]

2023-07-24T09:49:41+02:00July 24th, 2023|General, Labour Relations Act, Theme|Comments Off on Temporary Employment Services and Organisational Rights

Understanding the Test for Constructive Dismissal in South African Labour Law

Constructive dismissal in South African labour law is not determined by whether an employee was forced to resign but by whether the working conditions were intolerable and unendurable. When an employee claims constructive dismissal or expresses that the future or continued working conditions are intolerable, it would be contradictory for that employee to desire [...]

2023-07-11T14:39:11+02:00July 11th, 2023|Dismissal, General, Labour Relations Act|Comments Off on Understanding the Test for Constructive Dismissal in South African Labour Law
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