Labour Law

The Commission for Conciliation, Mediation and Arbitration, more commonly referred to as “the CCMA”, was established in terms of the Labour Relations Act, and is mandated to ​promote social justice and fairness within the workplace. Despite the CCMA’s functions, it notoriously promotes that employees should first attempt to resolve disputes with employers through internal procedures. A … THE ROLE OF THE CCMA

Employee absenteeism due to illness is a common workplace issue. However, employers’ concerns about employees being dishonest about their sick leave have grown exponentially in recent years, as it has become increasingly easier for employees to obtain fraudulent sick notes. Consequently, employers are tasked with balancing their respect of an employee’s privacy with the protection of the integrity of their policies and … Dismissal based on fraudulent sick notes

Managing and retaining a diverse public sector workforce presents a complex challenge that requires a coordinated and comprehensive approach from all stakeholders within public sector organizations. Public sector managers face difficulties in recruiting, retaining, empowering, and developing employees. Ensuring that service delivery is not compromised by employee turnover is crucial. This might seem like unpleasant … Building a Committed and Thriving Workforce

It is common practice for employers to make use of casual workers as a means of complementing their current staff base or to ensure that they remain flexible in their operations. However, problems may arise when the employer fails to monitor the working hours of the casual workers and may be unaware of the rights … RIGHTS OF CASUAL WORKERS IN SOUTH AFRICA

Assault or attempted assault are serious issues that plague many working environments in South Africa. Given the serious nature of these matters, it is crucial for employers to ensure that they have thoroughly investigated each matter and that they have sufficient evidence that would not only distinguish cases of assault from attempted assault, but that … Understanding Attempted Assault and Assault: The Crucial Role of Evidence in outcomes.

Employers in South Africa operate within a comprehensive legal structure aimed at safeguarding employee rights and promoting fair labour practices. It is crucial for businesses to understand and adhere to these laws to foster positive industrial relations, prevent conflicts, and ensure legal compliance. This newsletter aims to provide an exposition of the basic sets of … Understanding and Complying with South African Labour Legislation

While the majority of the cases referred to the CCMA concern allegations of unfair dismissal, there are numerous other disputes that can be referred to the CCMA, including that of an unfair labour practice. When it comes to unfair labour practices, it is a common misconception by many employees that any alleged treatment which they … DISPUTES AT THE CCMA: UNFAIR DISMISSAL VS UNFAIR LABOUR PRACTICE

The terms and conditions of employment described in a contract of employment usually include a myriad of items such as: the type of work expected to be performed by the employee, the place and hours of work, the salary or wages of the employee as well as leave and bonus entitlement. These are to be … Do Employers Need Employee Consent to Change Employment Terms?

Employees who earn above the earnings threshold, which is determined by the Minister of Employment and Labour under the Basic Conditions of Employment Act (BCEA), do not enjoy the same protections as employees who earn below the set threshold. An employee’s earnings are calculated as the regular remuneration (gross pay) before deductions such as income … How Does the Earnings Threshold Impact Employers?