Labour Relations Act

Shop Stewards and Representation Rights: Labour Court Upholds Company Policy

Schedule 8(4)(2) of the Labour Relations Act, the Code of Good Practice, states that an employee can be represented by a fellow employee or a union representative during a disciplinary hearing. However, the question arises: What is the situation with representation if the employee is the union representative in the workplace or, more commonly known, [...]

2024-07-15T09:18:16+02:00July 15th, 2024|General|Comments Off on Shop Stewards and Representation Rights: Labour Court Upholds Company Policy

Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

The CCMA is often faced with matters where employees claim that their employer has made certain unlawful deductions from their salaries. This article seeks to unpack and clarify the current position in our law regarding deductions by an employer and the jurisdiction of the CCMA to hear such disputes. Until recently, the CCMA dealt with [...]

2024-06-20T14:17:20+02:00June 20th, 2024|General, Theme|Comments Off on Deductions, the Age-Old Debate at the CCMA & Stipulations of the BCEA

Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

The Labour Court of South Africa recently delivered an interesting judgment on 29 April 2024, in the case of SACCAWU obo Dlamini v Commission for Conciliation, Mediation and Arbitration and Others (JR2281/21) [2024] ZALCJHB 180 (29 April 2024). This case presents important lessons for employers regarding the fair treatment of employees during disciplinary processes and [...]

2024-06-14T10:28:36+02:00June 14th, 2024|Dismissal|Comments Off on Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers

Understanding Family Responsibility Leave

According to Section 27 of the BCEA, family responsibility leave is available to employees who have been with the same employer for more than four months and work more than four days per week. This leave can be taken when an employee's child is born, when the employee's child is sick, or in the event [...]

2024-06-14T10:12:04+02:00June 14th, 2024|Theme|Comments Off on Understanding Family Responsibility Leave

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

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

Reimagining Social Justice: Challenging the Status Quo in South African Labour Law

In the pursuit of social justice within South Africa's labour law, employers often find themselves navigating a complex system filled with biases and challenges. The Commission for Conciliation, Mediation, and Arbitration (CCMA), while intended to provide a platform for fair dispute resolution, can sometimes fall short of its objectives. This article aims to dissect the [...]

2024-04-29T12:15:45+02:00April 29th, 2024|Theme|Comments Off on Reimagining Social Justice: Challenging the Status Quo in South African Labour Law

Beware! The Agents are coming!

Section 213 of the Labour Relations Act defines a collective agreement as: “A written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand, and, on the other, had a) one or more employers; b) one or more registered [...]

2024-03-12T10:55:29+02:00March 4th, 2024|General|Comments Off on Beware! The Agents are coming!

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 [...]

2024-03-12T14:09:06+02:00February 7th, 2024|Wages|Comments Off on Rising Tides: The National Minimum Wage & Keeping Your Business Buoyant
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