All about annual leave

The provisions in the Basic Conditions of Employment Act that apply to annual leave do not apply to an employee who works less than 24 hours per month or to employees who earn above the earnings threshold laid down in the Act (currently as from 1 July 2014, R205 433.30 per annum); Employees are entitled… Continue Reading

Beware the consequences of not following appropriate retrenchment procedures

In Mawer v Nortech International (Pty) Limited [2014] JOL 32512 (LC) the Labour Court had to consider whether Mawer’s retrenchment was substantively and procedurally fair and, if not, if he should be reinstated or compensated. Section 189 of the Labour Relations Act 66 of 1995 (the LRA) regulates dismissals based on operational requirements. Based on… Continue Reading

What notice period must an employee give?

The Basic Conditions of Employment Act provides that an employee’s employment may terminate only on notice of not less than four weeks where the employee has been employed for one year or more. The employer and the employee may also agree to a longer notice period. This is often the case with senior employees, where notice… Continue Reading

Constructive Dismissal – the how’s and why’s

186 (1) (e) of the Labour Relations Act provides that one of the definitions of “dismissal” is where an employee terminates a contract of employment with or without notice because the employer made continued employment “intolerable” for the employee. If an employee resigns when conditions in the workshop are so bad that s/he has no… Continue Reading

Alcohol in the workplace

Office parties Your employees relax in the office pub on a Friday afternoon. They get a bit tipsy and one employee has a car accident on the way home. Are you, as the employer, liable for damage caused to a third party by an intoxicated employee? In South Africa, employers can be held responsible for… Continue Reading

Bargaining Councils

Regulating labour relations in industry Bargaining Councils Regulating labour relations in industry A bargaining council (formerly known as an industrial council) is a body established in terms of the Labour Relations Act, 1995, by employers, employers’ organisations and trade unions in a particular industry sector or area. Half of its members come from employers or… Continue Reading

BEE compliance can never be justification for dismissal

While there is enormous pressure on South African businesses to transform, employers should be aware that BEE compliance can never be a justification for dismissal of non-black staff under the Labour Relations Act BEE compliance can never be justification for dismissal   Provided courtesy of Legalbrief Today. To participate in a free month’s subscription to Legalbrief’s… Continue Reading

Collective Agreements

In terms of the Labour Relations Act, 1995, a collective agreement is a written agreement concerning the terms and conditions of employment or any other matters of mutual interest that are concluded by one or more registered trade unions on the one hand and one or more employers and/or one or more registered employers’ organisations… Continue Reading

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