Source Kirsten Caddy and Tricia Tsoeu, Cliffe Dekker Hofmeyr In the unreported case of SA Metal Group (Pty) Ltd v CCMA and Others (CC50/13) handed down on 15 April 2014, the Labour Court (LC) found an arbitration award made in the absence of considering the Code of Good Practice on Handling Sexual Harassment Cases (Code)… 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
Companies must clarify leave policy
Two recent court cases have confused the issue in respect of leave pay, specifically regarding accrued leave. Companies must clarify leave policy This article was originally published on page 12 of The Cape Argus on July 07, 2004 Two recent court cases have confused the issue in respect of leave pay, specifically regarding accrued leave. The cases… Continue Reading
Disputes at work
Resolving conflict between employers and employees Disputes at Work Resolving conflict between employers and employees The Labour Relations Act, 1995, (LRA) provides for several mechanisms to resolve and help prevent conflict between trade unions and employers or employers’ organisations. These are bargaining councils and statutory councils where these exist, the commission for conciliation, mediation and… Continue Reading
Don’t count on the law if your boss makes life unbearable
EMPLOYEES who are forced to resign because their employers have made the continuation of their employment relationship intolerable are faced with a cluster of problems. Don’t count on the law if your boss makes life unbearable Source: Sundaytimes.co.za EMPLOYEES who are forced to resign because their employers have made the continuation of their employment relationship intolerable… Continue Reading
Don’t side with cheating colleagues
From time to time, an act of misconduct is committed at work before witnesses, who choose to remain passive in not identifying the perpetrators. Case law clearly supports the contention that such circumstances justify disciplinary action, which could include dismissal. Don’t side with cheating colleagues By Tony Healy This article was originally published on… Continue Reading
Employer bound by retirement age in contract
South African law provides that it is unfair to dismiss an employee based on age unless he or she has reached the normal or agreed retirement age for a person employed in that capacity. Employer bound by retirement age in contract The Labour Appeal Court recently heard a case concerning the issue of retirement age. The questions… Continue Reading
Employers have duty to protect employees
Employers could face heavy financial damages if they fail to protect staff from sexual harassment at work and fail to create an environment in which its employees’ right to dignity is preserved. Employers have duty to protect employees Employers could face heavy financial damages if they fail to protect staff from sexual harassment at work… Continue Reading
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