Articles
Changing Terms & Conditions of Employment
Employers often want to change the way they run their businesses and this often requires employees to accept a change to terms and conditions of employment.
8 May 2019- Declared Public Holiday
President of the Republic of South Africa, Cyril Ramaphosa, has declared 8th May 2019 a public Holiday throughout the republic of South Africa.
No Hearing Prior to Suspension
The Constitutional Court has confirmed that there is no requirement that an employee be given an opportunity to make representations prior to a precautionary suspension.
Changing Terms and Conditions - An Automatically Unfair Dismissal?
Employers often want to change the way they run their businesses and this often requires employees to accept a change to terms and conditions of employment. When agreement cannot be reached on the proposed change, employers face a dilemma on how to persuade employees to accept the change.
Media Statement from the Dept of Labour on the Information Sessions for Employee Reps
The media statement issued by the Department of Labour regarding the start of its information sessions for employee reps on the NMW and other amendments.
The Labour Appeal Court has Confirmed that the CCMA has the Power to Issue Writs
Amendments to section 143 of the Labour Relations Amendment Act make it easier, inexpensive and accessible for a person to enforce a certified arbitration award.
Employment Law Update: Dishonesty Remains Unacceptable
Labour Court: When an employee in a high-trust position continues to rely on a false defence, then the employer can legitimately say that the risk of continued employment is unacceptable.
Labour Court Shows its Teeth
The Labour Court found the South African Municipal Workers’ Union and its general-secretary, Simon Mathe, guilty of contempt of court after it was found that they did not do enough to persuade their members to comply with a court interdict during a wage strike at Pikitup.
Transnet's Refusal to Engage NUMSA on the Granting of Organisational Rights
In the recent case of NUMSA v Transnet SOC Limited, the Labour Appeal Court considered Transnet's Refusal to Engage the National Union of Metalworkers (“NUMSA”) on the granting of organisational rights.
Can an Employer Force Employees to Undergo Medical Testing and When Does an Employer's Treatment of an Employee's Medical Condition Amount to Unfair Discrimination?
An over view of the Labour Court judgment in the case of EWN v Pharmaco Distribution (Pty) Ltd.
Equal Pay for Equal Value
The issue of pay discrimination came before the courts in a recent decision of South Africa Municipal Workers Union on behalf of Tetyana v Nelson Mandela Bay Municipality.
Employment Law Update - NUMSA v Transnet Port Terminals (2015) 10 BALR 1107 (CCMA)
NUMSA members were issued with final written warnings for wearing NUMSA t-shirts during working hours.
Employment Law Update - Importance of Picketing Agreements
In the recent unreported decision of Verulam Saw Mills (Pty) Ltd v AMCU and Others J1580/15 dated 20th October 2015, the court confirmed that a trade union is obliged to take all reasonable steps to ensure that its members comply with a picketing agreement.
Zero Tolerance Policies Challenged?
In the recent decision of Shoprite Checkers (Pty) Ltd v Tokiso Dispute Settlement and Others , the Labour Appeal Court (“LAC”) considered the reasonableness of a dismissal of an employee based on an employer's zero tolerance policy.
Affirmative action and the Employment Equity Act
Affirmative action in South Africa is defined in the Employment Equity Act No. 55 of 1998 (“the Act”)
Zero Tolerance Policies Challenged
Many companies have adopted a zero tolerance policy to various acts of employee misconduct. The Labour Appeal Court has confirmed that the mere implementation of a zero tolerance policy will not on its own be sufficient grounds for dismissal...
Use of Labour Brokers in context of the amended Labour Relations Act: Many Unanswered Questions
Labour brokers / temporary employment services (TES) place employees with their clients to carry out work over a temporary period of time, for example, Green Labour Brokers sends their employee, Joe Smith, to work for Plasma Pharmaceuticals. Section 198A of the Amended Labour Relations Act states that a “temporary employment service” (“TES”) means work for a client by an employee:
Labour Courts Hits Trade Union with R1.4million in Damages for Unprotected Strike
In the 7 May 2015 judgement of Algoa Bus Company (Pty) Limited v Transport Action Retail And General Workers Union (Thor Targwu) and Others, the South African Labour Court in Port Elizabeth ordered Thor-Targwu to pay R1.4 million in damages for conducting an unprotected strike at the Algoa Bus Company
