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Labour Law

Monday | 18 November | 2019 Retrenchments: What process should the employer follow?

We receive several inquiries from members regarding the process an employer should follow before employees can be retrenched. The process that should be followed was properly explained in the case of Macuvele v Kensington Ridge Primary School (JS20/2013) [2014] ZALCJHB 74. In this case the court confirmed that the employer must be able to prove  … Read more

Wednesday | 06 November | 2019 Fixed-term contract and what does such a contract entail?

What is the definition of a fixed-term contract and what does such a contract entail?   A fixed-term contract is a contract designed to be for a specific period, or until the completion of the project for which the specific contract was entered into. Contractually speaking, termination of a fixed-term contract does not constitute a  … Read more

Monday | 21 October | 2019 Grievances and the proposed period for submission in SAPS

Question: I am currently an officer in the South African Police Service (SAPS). I have been working for the SAPS for the past four years. In my second year of service, our station commander retired. My working conditions underwent a drastic change with the arrival of the new station commander. This officer constantly made indirect  … Read more

Monday | 30 September | 2019 Medical Disability

When an employee’s medical condition or injuries are in such a state that he or she can no longer fulfil his or her duties towards the employer, it can result in termination of employment. There are important guidelines prescribed by the applicable legislation before such a dismissal can occur. The employee’s circumstances and the impact  … Read more

Monday | 16 September | 2019 Racist Remarks are Grounds for Immediate dismissal.

RACIST REMARKS IN THE WORKPLACE ARE GROUNDS FOR IMMEDIATE DISMISSAL In the recent arbitration of Makhanya and St Gobain, the issue of racist remarks in the workplace came to the fore. The arbitration was conducted under the supervision of the Bargaining Council for the Chemical Industry (NBCCI) with case number GPCHEM 367-18. The ruling was  … Read more

Monday | 09 September | 2019 When must a case be referred to the CCMA

When must a case be referred to the CCMA and what happens when I miss the due date? Section 191 of the Labour Relations Law regulates the period in which a specific dispute must be referred.  According to section 191(1)(b)(i), a dispute regarding an unfair dismissal must be referred within 30 days from the date  … Read more

Monday | 02 September | 2019 Consultation before changing policies

IS AN EMPLOYER OBLIGED TO CONSULT BEFORE CHANGING POLICIES? RELEVANT FACTS: There was a policy at the employer that at retirement, normal or early retirement, contributions will be made for transport costs to an employee’s retirement address, provided that three quotations are given for consideration. However, the policy underwent changes before members retired. These changes  … Read more

Monday | 26 August | 2019 Maternity leave benefits

The Basic Conditions of Employment Act gives pregnant employees the right to take maternity leave. The Unemployment Insurance Fund (UIF) and the Unemployment Insurance Act is applicable to all employers and employees, with the exception of: employees who works less than 24 hours per month for an employer; learners; state officials; foreigners who works in  … Read more

Monday | 19 August | 2019 Do I forfeit my annual leave during my maternity leave?

Do I forfeit the accumulation of my annual leave during my four-month maternity leave? By Devon Basson   This question is often asked and in most cases the person going on maternity leave is unsure whether her annual leave will accumulate while she is on maternity leave. There is no direct answer to this question.  … Read more

Monday | 29 July | 2019 The Importance of consultation during section 189 process

The Importance of good faith consultation during section 189 process   In todays’ unfortunate economic climate, retrenchment of employees in the workplace is a daily occurrence. Even though the retrenchment of employees is a valid reason, in terms of the Labour Relations Act (No. 66 of 1995) (the LRA), to terminate employees’ services, the  provisions  … Read more

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