Same-Sex Couples And Paternity Leave

The maternity leave options contemplated in terms of the Basic Conditions of Employment Act, 1997 (“the BCEA”) provide that: A mother has the right to four months of unpaid maternity leave in terms of the BCEA. This does not apply to male employees, who, at law, may take three days leave in terms of their… Continue Reading

Enforcement of CCMA default awards New case law

CCMA certification of an award found to be ultra vires. The Labour Court recently considered the effect of the amendments to the LRA and in particular the application of s143 and held that the certification of an award followed by its execution through the Sheriff is ultra vires. Accordingly, s143 does not give the CCMA… Continue Reading

So, I have two bosses?

A worker, placed at a client by a labour broker, has two employers, once he has worked for the client for more than three months. In a recent Labour court decision, the court in Assign Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and others [2015] JOL 33875 (LC), had to decide on the legal effect… Continue Reading

When can a CCMA award be set aside?

In terms of section 145 of the LRA, a party may apply to the Labour Court on the basis of an alleged defect with a commissioner’s rulings or awards. The party who alleges such a defect must apply to the Labour Court to set aside the award within six weeks of the award being served.… Continue Reading

Resignation During A Disciplinary Hearing

A client asked me if an employer is obliged to accept an employee’s resignation before or during a disciplinary hearing, when he (or she) is unsure of the outcome and would prefer to avoid a blemish of dismissal on his or her record. An employer is not obliged to halt the process and accept the… Continue Reading

Do you have a gift policy?

To prevent your staff, especially buyers, from being tempted to accept ‘gifts’ for favours, you may want to implement this basic policy. POLICY GUIDELINES REGARDING RECEIPT OF GIFTS COMPANY NAME: __________________________________ DATE ISSUED: __________________________________ IMPLEMENTED BY: __________________________________ APPROVED BY: __________________________________ This policy includes but is not limited to: Presents of any nature Cash or cheques… Continue Reading

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