labour

The Establishment of the National Bargaining Council for the Private Security Sector

22nd June 2018 marked a new era in the South African labour relations industry with the registration of the National Bargaining Council for the Private Security Sector (NBCPSS). This came about after months of discussions; negotiations and the formal application being brought to the registrar of labour relations’ attention.  This is in terms of Section [...]

2019-05-03T09:15:56+02:00May 3rd, 2019|General|Comments Off on The Establishment of the National Bargaining Council for the Private Security Sector

The extension of the CCMA’s jurisdiction – Section 73A of the BCEA

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 [...]

2019-03-27T14:45:10+02:00March 22nd, 2019|General|Comments Off on The extension of the CCMA’s jurisdiction – Section 73A of the BCEA

The employment of foreign nationals in South Africa

When it comes to the provisions of the employment of a foreign national, the key Act’s concerning this practice is the Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014.   Section 38 of the Immigration Act clearly states that no person shall employ an illegal foreigner, a foreigner whose status [...]

2019-03-01T11:02:18+02:00March 1st, 2019|General|Comments Off on The employment of foreign nationals in South Africa

Can claims for statutory money be dealt with in Arbitration proceedings before the CCMA?

An Arbitrator could previously only hear a matter i.t.o Section 74(2) of the Basic Conditions of Employment Act (BCEA) before the CCMA for any outstanding monies, if an employee had instituted proceedings for unfair dismissal and the claim had not yet prescribed.   This meant that if an employee had a claim for solely statutory [...]

2019-01-25T10:27:44+02:00January 25th, 2019|Arbitration|Comments Off on Can claims for statutory money be dealt with in Arbitration proceedings before the CCMA?
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