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

Labour Court

A brief description of the operation of the Labour Court Labour Court Source: Reader’s Digest’s You and Your Rights The Labour Court is a superior court on a par with a provincial division of the Supreme Court established by the Labour Relations Act (lra), 1995. It replaces the Industrial Court. The court is headed by a Judge President who… Continue Reading

Statutory Councils

A statutory council is a body established under the Labour Relations Act, 1995, in an area or sector of industry where no bargaining councils exists. Statutory Councils Source: Reader’s Digest’s You and Your Rights Regulation of labour relations in industry A statutory council is a body established under the Labour Relations Act, 1995, in an area… Continue Reading

Strikes

Stopping work to back up a demand Strikes Stopping work to back up a demand The Labour Relations Act, 1995, (LRA) provides a framework for collective bargaining to regulate the relationship between employers and employees. Employers and employees are obliged to try to resolve disputes and only embark on strikes and lock-outs as a last… Continue Reading

The Draft Codes of Good Practice on Broad-Based Black Economic Empowerment

The draft Codes of Good Practice on Broad-Based Black Economic Empowerment (“Codes”) were published by the Department of Trade & Industry in December 2004 for comment. In this article Werksmans attorneys set out some of the principles and requirements of the Codes. The Draft Codes of Good Practice on Broad-Based Black Economic Empowerment Article by… Continue Reading

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