South African industrial action has become synonymous with violent, unlawful conduct, as was discussed in the recent case of Association…
Grinding the jobless into the ground with job deprivation rules
Much is written about inequality, decrying high salaries paid by companies to their executives as being one of its main…
Did parliament intend to introduce a fake minimum wage “exemption”?
Is the exemption from the National Minimum Wage (NMW) provided for in the legislation deliberately and seditiously being torpedoed by…
Minimum Wages: Hospitality Sector: 01 July 2018 until 30 June 2019
The minimum wage for South Africa’s vulnerable sector of hospitality will be revised upward with effect from 01 July 2018.…
Who determines the true nature of the dispute at conciliation?
By Siphamandla Dube, Senior Associate and Owethu Mbambo, Candidate Attorney, Fasken Martineau Section 135 of the Labour Relations Act, 1995…
Abundance of unskilled labour in SA could be an opportunity for growth without the National Minimum Wage
Released just before the Christmas break, the National Minimum Wage (NMW) Bill is open for public comment for a period…
The more trade unions, the less job growth
Is there any correlation between union density and the growth or decline in employment? In the graph below, the block…
The National Minimum Wage Bill, 2017 and the Proposed Amendments to the Basic Conditions of Employment Act, 2017
On Friday, 17 November 2017 the Department of Labour published the National Minimum Wage Bill, 2017 (“the NMW Bill”) and…
When parties are in dispute over whether a strike is over
In the recent case of AMCU & Others v Australian Laboratory Services (Pty) Ltd (JS315/12, 1 November 2017) the Labour…
Incapacity or Operational Requirements?
By Tessa Kassel; Vice Chairperson; General, Domestic & Professional Employers Organisation (GDPEO) A dismissal may be determined to be fair…
Department of Labour sends six companies for prosecution as part of National Director-General Review for EE compliance
The Department of Labour’s Inspection and Enforcement Services (IES) branch has announced it is taking six companies to court for…
The difference between mediation and Alternative Dispute Resolution (ADR)
ADR is a term that is sometimes taken to refer to mediation and sometimes to arbitration, conciliation and a number…
Can former employees refer Unfair Labour Practice and Unfair Discrimination disputes?
By James Horn, Associate, Employment Law, Benefits & Industrial Relations, Cowan-Harper Attorneys: Employers have often relied on the definitions of “employee”…
The 2017 edition of the Labour Law and Employment Manual is now available
Including free access to more than 500 000 CCMA and Bargaining Council Awards The SA Labour Guide manual is available…
Employees Have a Legal Recourse Against Unfair Discrimination in the Workplace
Section 6 (1) of the Employment Equity Act 55 of 1998 as amended provides that no person may unfairly discriminate,…
Effective Management of Grievances in the Workplace
By Magate Phala – Section 23 (1) of the 1996 Constitution of the Republic of South Africa read together with…
Electronically exposed – what your employees should know
By Judith Griessel, Griessel Consulting – The digital world is exploding around us. Developments in electronic communications, social media, applications, internet,…
The Significant Value of Mitigating Circumstances in Misconduct Cases Involving Gross Dishonesty
By Magate Phala – Item 3 (4) of Schedule 8 (Code of Good Practice: Dismissal) of the Labour Relations Act, 66…
Awards for damages and compensation in terms of the Employment Equity Act
In the recent case of Smith v Kit Kat Group (Pty) Ltd [2016] ZALCJHB 362, the Labour Court dealt with…
New Domestic Worker Minimum Wages: 01 December 2016 until 30 November 2017
South Africa’s Domestic Worker Sector is to have a new upwardly adjusted minimum wage with effect from 1 December 2016.…
Instituting claims for damages against Unions
In the recent case of Professional Transport & Allied Workers Union obo Khoza and others v New Kleinfontein Gold Mine…
Can union shop stewards be disciplined for misconduct?
Can union shop stewards be disciplined for misconduct they committed while performing their duties as workers’ representatives? By Magate Phala…
Lie about the reason for termination – or else….
Changing the reason for termination of an employee can get the employer into trouble. By Judith Griessel, Griessel Consulting Imagine…