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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
South Africa is a multicultural, dynamic, and ever-evolving country. This translates into the work environment that presents itself with its own unique challenges. Consequently, businesses and organisations face a myriad of challenges in maintaining a productive and cohesive workforce. Irrespective of the unique challenges facing the South African business landscape, some of the critical [...]
In South Africa, one could strongly argue that the Labour Relations Act (LRA) is among the most significant pieces of legislation, given its historical context and the rights it regulates and protects. This argument was bolstered by the recent Labour Court ruling in favour of Simunye Workers Forum (SWF), which challenged the Registrar's decision [...]