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Courts ponder jurisdiction in labour matters |
The Constitutional Court recently grappled with the question of whether the Labour Court had an exclusive jurisdiction to hear labour matters or whether the high court should also hear such matters. Read more... |
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Chairing Disciplinary Hearings- 2 Day Practical Workshop. Read more... |
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Increasing sanctions on appeal |
An employee is found guilty of a disciplinary offence, and the presiding officer issues him with a final written warning. The employee appeals. The appeal tribunal finds that a mere warning was too lenient, and that the employee should have been dismissed. May the appeal tribunal increase the sanction? Read more... |
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Expired warnings: Are they relevant? |
Some maintain that when a warning has lapsed, it must be removed from the employee 's file. There is absolutely nothing in labour legislation (or case law for that matter) to support this. Read more...
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Government will have its work cut out |
Growing by the day: People wait for Unemployment Insurance Fund payouts at the Labour Centre in Randburg, as predictions rise for the number of South Africans who will lose their jobs this year. Read more...
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New Minimum Wage Increases: Hospitality Sector, Metal and Engineering Industries and Furniture Industries 1 July 2009 to 30 June 2010 |
New Minimum Wage Increase. Read more... |
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Taking bribes a crime against the employer |
With the current international financial crisis, credit crunch, spiralling prices of goods, job losses and scarcity of new jobs, it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving. Read more...
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Get your EE in |
The department of labour is embarking on nationwide roadshows to remind employers of the looming deadline to submit their Employment Equity (EE) reports. Read more... |
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Suspending an employee |
A judge of the Labour Court, delivered a judgment affecting the suspension of public sector employees. The judgment is equally relevant for private sector employees. Read more... |
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What factors constitute constructive dismissal? |
Constructive dismissal means the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer's intolerable conduct. Read more...
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Retaining diversity in a cost cutting environment |
With transformation being one of the key strategic imperatives of every South African business is it possible for employers to consider race when selecting employees to be retrenched? Read more...
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The growing necessity for ´gardening leave´ |
Getting rid of a director or senior executive is not, practically, the same as terminating the employment of more junior employees, for two reasons: money and power. Company boards should anticipate this when appointing an executive, and make sure the contract is clear on how to manage both of these tricky matters. But often sending them off on "gardening leave" is the best solution. Read more...
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Smoking in the workplace |
The Tobacco Products Control Act provides for the protection of non-smokers - it does not provide any benefit or protection for smokers. Read more...
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Trade union representatives/shop stewards |
Union representatives should know when to exercise their rights. Read more...
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The establishment of health and safety committees for the workplace |
The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. Read more...
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D-Day for unsafe firms |
After a first round of inspection of 2 410 companies in March, approximately half were found non-compliant. "We are now targeting those businesses in a second round of inspections. Read more...
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Tax deduction boost for learnerships |
In a bid by government to encourage the upskilling of labour in all sectors of the economy, employers are being actively encouraged to enter into learnership agreements by making these agreements decidedly more attractive from a tax point of view. This boost for employers should lead to the registration of more learnerships, given the generosity of the concessions if they are enacted. Read more...
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SA labour market bleeds |
South Africa 's economy lost 198 000 jobs year-on-year in the second quarter, which reflects a labour market bleeding from the effects of the recession, according to an economist. Read more...
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Put AA on hold |
The recession requires that there should be a moratorium on affirmative action, the Freedom Front Plus said. Read more... |
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Redrafting of labour law welcomed |
The National Education, Health and Allied Workers Union has welcomed plans to redraft laws relating to labour brokers. Read more...
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Affirmative Action put to the test |
Affirmative action will be in the dock in November when the trade union Solidarity brings a challenge in the labour court over the police 's promotions policy. Read more...
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How to deal with Union misconduct: Part 1 |
The question as to how far a Union, its officials and representatives can go to protest or protect the interests of its members has been forced to our attention lately by the widely publicized actions of unions and member employees in the media. Read more... |
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Labour Inspectors to raid steel, farming employers again |
Because of the high-level of risk associated with the industry, construction remains one of South Africa 's most dangerous workplaces. A very high level of occupational fatalities and injuries frequently occur in this industry. More than 1 000 workplaces were visited and inspected by inspectors from Department of Labour during July 2009.Read more... |
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Employment Equity deadline just around the corner |
With the submission date for Employment Equity report approaching, the Department of Labour has called on employers to hand in their reports on time. Read more...
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Farmworkers to get pay hike |
The Department of Labour has announced that workers in the farming sector can expect an increase in wages. Read more... |
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Basic conditions of employment and contractual relations |
Amendments have been passed changing some of key aspects of Labour Legislation in South Africa. Read more... |
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You cant just tell an employee to pack up and go |
The Code of Good Practice: Dismissal imposes several requirements on an employer who is considering dismissing an employee for misconduct. Read more... |
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New minimum wages for Domestic Workers as from 1 December 2008 |
All domestic workers should be paid at least the minimum wage
as indicated in Tables 1 and 2. Domestic workers earning more
than the prescribed minimum will continue to earn the higher
wages as conditions of employment cannot be changed
unilaterally. Click here to download the document. |
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Procedurally and substantively unfair dismissals do not guarantee the employee a remedy |
The Labour Appeal Court recently denied an employee relief for an unfair dismissal. The employee’s dismissal was held to be both procedurally and substantively unfair by the Labour Court and the Labour Appeal Court, however, both courts refused to grant the employee any relief for unfair dismissal. Read more...
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Labour appoints National Chief Inspector |
A National Chief Inspector has been appointed in the Department of Labour to beef up labour law enforcement in all business sectors and workplaces. Read more... |
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Suspension: Friend or foe? |
Serious misconduct and dismissals are part of every employer’s life, whether it is a small employer with just a few employees or a large corporation with many employees. However, serious misconduct and the procedures to deal with it can be full of pitfalls and should not be taken lightly by employers. Read more...
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ILO says 51-million jobs may go |
Up to 51-million jobs worldwide could vanish because of the global financial crisis, and many of those who kept their jobs could expect an erosion of their conditions of employment, the International Labour Organisation (ILO) warned. Read more...
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Domestic workers: Minimum wages and conditions of employment |
What domestic workers and their employers should know about minimum wages and conditions of employment. |
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Consult with unions or staff before you retrench |
When an employer considers retrenching employees, full consultations must first take place about this intention before making any decision to retrench, according to the Labour Relations Act. Read more... |
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Presiding officer must hear all the evidence |
The central reason that a presiding officer (PO) attends a disciplinary hearing is to hear and understand the evidence from both sides. Read more... |
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Double jeopardy if no new evidence is presented |
In cases where an employee is punished twice for the same incident of misconduct or poor performance, the term "double jeopardy" has come to be used. Normally, such a second round of disciplinary action would be found to be unfair. Read more... |
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Don´t underestimate the investigation process |
This is one major mistake made by employers which could prove costly. Employers make two common mistakes on receiving misconduct allegations against employees. Read more... |
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State: ´Brokers sabotage law´ |
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Is it always necessary to conduct a hearing before dismissal? |
What happens if an employee refuses to be subject to a hearing as the decision to dismiss had already been made?
The above-mentioned questions were discussed by Prof. Luther Backer in his article. Read more... |
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Objective breakdown of trust justifies sacking |
The Code of Good Practice provides that, where employers are considering dismissing an employee, they should be able to justify this drastic sanction by proving that the employee's misconduct is so serious that it makes continued employment intolerable. Read more...
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The Balance of Probability |
Employers are still confused regarding certain elements in a disciplinary hearing. One area of confusion concerns the "the balance of probability," and “reasonable doubt.” Read more...
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Provision of First Aid boxes at the workplace |
When should first aid be provided at the workplace? Read more...
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Restraint of Trade |
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Unjustified exclusion means unfair discrimination |
Often received enquiries from employees stating that they are employed on a fixed term contract or temporary basis, and that a vacancy has arisen within the organisation but they have been informed that they may not apply for the vacancy because they are not classed as permanent employees. Read more... |
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Vital importance of safety rules |
Can the employer dismisses an employee who violates a safety rules, or who refuses to wear protective clothing that is required for the job? Read more...
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What if the employee changes his mind about resigning? |
Derek Jackson is often asked by employers what to do in instances where an employee has resigned, and then a week or more later he comes along and demands to withdraw his resignation. The short answer is that the employee does not have that right. Read more... |
