law

Are employers entitled to appeal the finding of a Chairperson where such finding was issued to the employee on the spot?

An employee was given a final written warning "on-the-spot" by the chairperson after being found guilty of misconduct at a disciplinary hearing. The employer is unhappy with the sanction and lodges an appeal to have the sanction overturned and subsequently changed to a summary dismissal. Would this amount to "double jeopardy" since the employee has [...]

2021-07-28T12:40:12+02:00July 28th, 2021|General|Comments Off on Are employers entitled to appeal the finding of a Chairperson where such finding was issued to the employee on the spot?

Be careful… Big brother is watching

The use of social media for marketing purposes, customer liaison or operational planning, has boomed throughout the last few years. It has become a handy tool due to its multiple uses, including storage of information and recording of video or audio for later reference. Just as employers have become inclined to utilise this versatile tool [...]

2021-06-04T13:27:32+02:00June 4th, 2021|General|Comments Off on Be careful… Big brother is watching

Additional Measures for Temporary Relief for Industry Employers and Employees amidst COVID 19: Leave Advancement

Dear CEO Members, The NBCRFLI is pleased to inform the industry that on 07 May 2020 it has considered further to utilise the Leave Pay Fund as an additional temporary measure to assist the industry in order to mitigate the further negative impact of the lockdown and Covid-19. The Leave Pay benefit will apply as [...]

2020-05-11T15:31:01+02:00May 11th, 2020|Latest News|Comments Off on Additional Measures for Temporary Relief for Industry Employers and Employees amidst COVID 19: Leave Advancement

How to deal with an employee who absconds?

The word ‘absconding’ can best be described as an employee who has the intention to never return to work. In this instance, the employer has an obligation to first establish if the employee does not have an intention to return to work before dismissing the employee. The employer will not know whether the employee has [...]

2019-11-01T08:52:42+02:00November 1st, 2019|General|Comments Off on How to deal with an employee who absconds?

An employee’s entitlement to Severance pay

The question of whether an employee is entitled to severance pay usually arises once a retrenchment has been concluded and there is a dispute referred to the CCMA or a Bargaining Council. An arbitrator dealing with this dispute may only decide whether the employee is entitled to the severance pay, which is a statutory entitlement. [...]

2019-06-27T13:42:26+02:00June 27th, 2019|General|Comments Off on An employee’s entitlement to Severance pay

The de novo principle in Arbitration proceedings

Commissioners are entitled to conduct arbitration hearings in a manner that they consider appropriate in order to determine a dispute before them fairly and expeditiously.   Section 138 of the Labour Relations Act 66 of 1995 stipulates that the commissioner can use his/her discretion as to the manner in which he/she would like to conduct [...]

2019-05-24T10:07:05+02:00May 24th, 2019|Arbitration|Comments Off on The de novo principle in Arbitration proceedings

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
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