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UNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DOUBLE JEOPARDY
Where double jeopardy occurs it is often because the employer needs to get the employee out by hook or by crook. This could be due to a personality clash, to the fact that the employee is considered to be a trouble- maker or because the employer has genuinely lost trust in the employee. Whatever the reason, the employer is not free to act on it PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. EMPLOYEE REPRESENTATION AT DISCIPLINARY HEARINGS The matter was again addressed in SACCAWU obo Abrahams / Markhams 5 BALR 476 (CCMA), heard on 9 th January this year in arbitration at Bethlehem.. The referral included, among other things, a dispute of procedurally unfair dismissal on the basis that the applicant was denied permission to be represented at the disciplinary hearing by an official from the trade union, the applicant INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Whether the demotion is merited. The procedure to be followed in implementing a fair demotion. lvan lsraelstam is the Chief Executive of Labour Law Management Consulting. He may be contacted on 082 852 2973 or on e-mail address: labourlaw@absamail.co.za. . YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in anyUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DOUBLE JEOPARDY
Where double jeopardy occurs it is often because the employer needs to get the employee out by hook or by crook. This could be due to a personality clash, to the fact that the employee is considered to be a trouble- maker or because the employer has genuinely lost trust in the employee. Whatever the reason, the employer is not free to act on it PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. EMPLOYEE REPRESENTATION AT DISCIPLINARY HEARINGS The matter was again addressed in SACCAWU obo Abrahams / Markhams 5 BALR 476 (CCMA), heard on 9 th January this year in arbitration at Bethlehem.. The referral included, among other things, a dispute of procedurally unfair dismissal on the basis that the applicant was denied permission to be represented at the disciplinary hearing by an official from the trade union, the applicant INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Whether the demotion is merited. The procedure to be followed in implementing a fair demotion. lvan lsraelstam is the Chief Executive of Labour Law Management Consulting. He may be contacted on 082 852 2973 or on e-mail address: labourlaw@absamail.co.za. . YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA By Jan du Toit, Senior Consultant, SA Labour Guide. After more than seven years in the making, President Ramaphosa announced last year an effective date of 1 July 2020 for the Protection of Personal Information Act (POPI), Act 4 of 2013. “Responsible Parties” only have approximately 5 months left until 30 June 2021 to becomecompliant in full.
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Mitigating circumstances and dismissal as an appropriate sanction. Jan du Toit. Many employers still find themselves in hot water at the CCMA or in the labour court for failing to give due consideration to circumstances raised in mitigation by employees before deciding on an appropriate sanction. Schedule 8 of the Labour Relations Act indicates that a dismissal is unfair if it is not affectedABSENTEEISM
Absenteeism By André Claassen What is absent or absenteeism? What does it mean and can I overlook it or should I deal with it? What will happen if I don't deal with it? What harm can it do if an employee is a few minutes late? Questions, questions and more questions - but themost dom
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A fresh approach to section 186 (2) (b). In a Nohe & another / Maswika Stones t/a Tombstones Land (2010) 19 CCMA 6.4.1 commissioner Boyce took a fresh approach to the interpretation of a suspension in terms of section 186 (2) (b). The applicants claimed that they have been unfairly suspended after the employer discovered cash shortages. ALCOHOLISM IN THE WORKPLACE Alcoholism and the workplace. Nicolene Erasmus, André Claassen and Jan du Toit Employees arriving at work with alcohol smelling on the breath, employees consuming alcohol during working hours, employees missing days (or even weeks) at work without justification, or with lame and feeble excuses (but never a medical certificate, or perhaps even with a medical certificate every time) and FAMILY RESPONSIBILITY LEAVE Family Responsibility Leave now covers specific requirements - anything not mentioned in paragraph 27 (2) does not qualify for family responsibility leave. the death of the employee’s spouse or life partner; the death of the employee's parent, adopted parent, grandchild, grandparent, or brother or sister. Note that the employeeonly qualifies
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. DISMISSAL AS AN APPROPRIATE PENALTY FOR It is not always easy for the Chairperson of a disciplinary hearing to conclude that dismissal may be an appropriate sanction in an act of misconduct. Indeed, it is not a quick decision, and is not a decision to be taken lightly. In Komane v Fedsure Life, it was noted that "fair" is defined in the EMPLOYEE REPRESENTATION AT DISCIPLINARY HEARINGS The matter was again addressed in SACCAWU obo Abrahams / Markhams 5 BALR 476 (CCMA), heard on 9 th January this year in arbitration at Bethlehem.. The referral included, among other things, a dispute of procedurally unfair dismissal on the basis that the applicant was denied permission to be represented at the disciplinary hearing by an official from the trade union, the applicant YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Load Shedding and Employment Law By Jacques van Wyk, Director and Michiel Heyns, Senior Associate, Werksmans Attorneys The recent announcement of the implementation of load shedding throughout the country may have severe implications for business and labour relations. Introduction Employers an YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in anyUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DOUBLE JEOPARDY
Where double jeopardy occurs it is often because the employer needs to get the employee out by hook or by crook. This could be due to a personality clash, to the fact that the employee is considered to be a trouble- maker or because the employer has genuinely lost trust in the employee. Whatever the reason, the employer is not free to act on itABSENTEEISM
Absenteeism By André Claassen What is absent or absenteeism? What does it mean and can I overlook it or should I deal with it? What will happen if I don't deal with it? What harm can it do if an employee is a few minutes late? Questions, questions and more questions - but themost dom
INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Load Shedding and Employment Law By Jacques van Wyk, Director and Michiel Heyns, Senior Associate, Werksmans Attorneys The recent announcement of the implementation of load shedding throughout the country may have severe implications for business and labour relations. Introduction Employers an YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in anyUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DOUBLE JEOPARDY
Where double jeopardy occurs it is often because the employer needs to get the employee out by hook or by crook. This could be due to a personality clash, to the fact that the employee is considered to be a trouble- maker or because the employer has genuinely lost trust in the employee. Whatever the reason, the employer is not free to act on itABSENTEEISM
Absenteeism By André Claassen What is absent or absenteeism? What does it mean and can I overlook it or should I deal with it? What will happen if I don't deal with it? What harm can it do if an employee is a few minutes late? Questions, questions and more questions - but themost dom
INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Load Shedding and Employment Law By Jacques van Wyk, Director and Michiel Heyns, Senior Associate, Werksmans Attorneys The recent announcement of the implementation of load shedding throughout the country may have severe implications for business and labour relations. Introduction Employers an YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Whether the demotion is merited. The procedure to be followed in implementing a fair demotion. lvan lsraelstam is the Chief Executive of Labour Law Management Consulting. He may be contacted on 082 852 2973 or on e-mail address: labourlaw@absamail.co.za. . YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA By Jan du Toit, Senior Consultant, SA Labour Guide. After more than seven years in the making, President Ramaphosa announced last year an effective date of 1 July 2020 for the Protection of Personal Information Act (POPI), Act 4 of 2013. “Responsible Parties” only have approximately 5 months left until 30 June 2021 to becomecompliant in full.
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Sick leave and medical certificates Nicolene Erasmus What the Basic Conditions of Employment Act says: 22. Sick leave. —(1) In this Chapter, “sick leave cycle” means the period of 36 months’ employment with the same employer immediately following— (a) an employee’s commencement of employment; or(b) the completion of that employee’s prior sick leave cycle. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA In terms of s186 (1) (d) of the Labour Relations Act, where an employer, who has dismissed a number of employees for the same or similar reasons, offers re-employment to one or more of the previously dismissed employees but refuses to re-employ another, such refusal shall constitute a dismissal. The above scenario is referred to asselective re
ABSENTEEISM
Absenteeism By André Claassen What is absent or absenteeism? What does it mean and can I overlook it or should I deal with it? What will happen if I don't deal with it? What harm can it do if an employee is a few minutes late? Questions, questions and more questions - but themost dom
OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 Occupational Health and Safety Act, 1993 General Machinery Regulations, 1988 2. Supervision of machinery 1. In order to ensure that the provisions of the Act and these Regulations in relation CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. DISMISSAL AS AN APPROPRIATE PENALTY FOR It is not always easy for the Chairperson of a disciplinary hearing to conclude that dismissal may be an appropriate sanction in an act of misconduct. Indeed, it is not a quick decision, and is not a decision to be taken lightly. In Komane v Fedsure Life, it was noted that "fair" is defined in the YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Load Shedding and Employment Law By Jacques van Wyk, Director and Michiel Heyns, Senior Associate, Werksmans Attorneys The recent announcement of the implementation of load shedding throughout the country may have severe implications for business and labour relations. Introduction Employers an YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in anyUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DOUBLE JEOPARDY
Where double jeopardy occurs it is often because the employer needs to get the employee out by hook or by crook. This could be due to a personality clash, to the fact that the employee is considered to be a trouble- maker or because the employer has genuinely lost trust in the employee. Whatever the reason, the employer is not free to act on itABSENTEEISM
Absenteeism By André Claassen What is absent or absenteeism? What does it mean and can I overlook it or should I deal with it? What will happen if I don't deal with it? What harm can it do if an employee is a few minutes late? Questions, questions and more questions - but themost dom
INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Load Shedding and Employment Law By Jacques van Wyk, Director and Michiel Heyns, Senior Associate, Werksmans Attorneys The recent announcement of the implementation of load shedding throughout the country may have severe implications for business and labour relations. Introduction Employers an YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in anyUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DOUBLE JEOPARDY
Where double jeopardy occurs it is often because the employer needs to get the employee out by hook or by crook. This could be due to a personality clash, to the fact that the employee is considered to be a trouble- maker or because the employer has genuinely lost trust in the employee. Whatever the reason, the employer is not free to act on itABSENTEEISM
Absenteeism By André Claassen What is absent or absenteeism? What does it mean and can I overlook it or should I deal with it? What will happen if I don't deal with it? What harm can it do if an employee is a few minutes late? Questions, questions and more questions - but themost dom
INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Load Shedding and Employment Law By Jacques van Wyk, Director and Michiel Heyns, Senior Associate, Werksmans Attorneys The recent announcement of the implementation of load shedding throughout the country may have severe implications for business and labour relations. Introduction Employers an YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Whether the demotion is merited. The procedure to be followed in implementing a fair demotion. lvan lsraelstam is the Chief Executive of Labour Law Management Consulting. He may be contacted on 082 852 2973 or on e-mail address: labourlaw@absamail.co.za. . YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA By Jan du Toit, Senior Consultant, SA Labour Guide. After more than seven years in the making, President Ramaphosa announced last year an effective date of 1 July 2020 for the Protection of Personal Information Act (POPI), Act 4 of 2013. “Responsible Parties” only have approximately 5 months left until 30 June 2021 to becomecompliant in full.
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Sick leave and medical certificates Nicolene Erasmus What the Basic Conditions of Employment Act says: 22. Sick leave. —(1) In this Chapter, “sick leave cycle” means the period of 36 months’ employment with the same employer immediately following— (a) an employee’s commencement of employment; or(b) the completion of that employee’s prior sick leave cycle. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA In terms of s186 (1) (d) of the Labour Relations Act, where an employer, who has dismissed a number of employees for the same or similar reasons, offers re-employment to one or more of the previously dismissed employees but refuses to re-employ another, such refusal shall constitute a dismissal. The above scenario is referred to asselective re
ABSENTEEISM
Absenteeism By André Claassen What is absent or absenteeism? What does it mean and can I overlook it or should I deal with it? What will happen if I don't deal with it? What harm can it do if an employee is a few minutes late? Questions, questions and more questions - but themost dom
OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 Occupational Health and Safety Act, 1993 General Machinery Regulations, 1988 2. Supervision of machinery 1. In order to ensure that the provisions of the Act and these Regulations in relation CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. DISMISSAL AS AN APPROPRIATE PENALTY FOR It is not always easy for the Chairperson of a disciplinary hearing to conclude that dismissal may be an appropriate sanction in an act of misconduct. Indeed, it is not a quick decision, and is not a decision to be taken lightly. In Komane v Fedsure Life, it was noted that "fair" is defined in the YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Key Points - Newly hired employees may be placed on probation to determine their suitability.- The probation period may be extended but employers must be careful in this regard since the employee may refer this to the CCMA as an unfair labour practice.The employer will have to be able to justify its decision.- Employees on probation are bound to the same rules and disciplinary procedures as YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Incapacity - when the work does not get done By Judith Griessel, Griessel Consulting Employers are often frustrated by employees who don't seem to cope and who do not pull their weight operationally. This could lead to resentment by co-workers and reputational embarrassment. The problem will noRESIGNATIONS
Get instant access to our free weekly newsletter * First Name: * Your Email Address: Resignations – The Basics Jan du Toit For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may ar YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA All for one and one for all: The consequences of selective re-employment following dismissal By Gavin Stansfield, Director and Siyabonga Tembe, Associate, Employment, Cliffe Dekker Hofmeyr Re-employing a dismissed or terminated employee can have unintended consequences, especially when theUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 PREPARATION IS ESSENTIAL IN ARBITRATION CASES Ivan Israelstam Employers and employees very frequently lose their CCMA cases because they fail to bring proof of their allegations to the arbitration hearing. In the days when I arbitrated CCMA matters, parties argued their cases before me very vehemently, passionately and in great detail but of PROBATION | LABOUR GUIDE During the past two weeks, I have been inundated with inquiries from employers regarding employment on probation. Whether this indicates that it is now the season for taking on new employees, or whether it indicates that employers are experiencing problems relating to probation, I do not know. THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Key Points - Newly hired employees may be placed on probation to determine their suitability.- The probation period may be extended but employers must be careful in this regard since the employee may refer this to the CCMA as an unfair labour practice.The employer will have to be able to justify its decision.- Employees on probation are bound to the same rules and disciplinary procedures as YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Incapacity - when the work does not get done By Judith Griessel, Griessel Consulting Employers are often frustrated by employees who don't seem to cope and who do not pull their weight operationally. This could lead to resentment by co-workers and reputational embarrassment. The problem will noRESIGNATIONS
Get instant access to our free weekly newsletter * First Name: * Your Email Address: Resignations – The Basics Jan du Toit For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may ar YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA All for one and one for all: The consequences of selective re-employment following dismissal By Gavin Stansfield, Director and Siyabonga Tembe, Associate, Employment, Cliffe Dekker Hofmeyr Re-employing a dismissed or terminated employee can have unintended consequences, especially when theUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 PREPARATION IS ESSENTIAL IN ARBITRATION CASES Ivan Israelstam Employers and employees very frequently lose their CCMA cases because they fail to bring proof of their allegations to the arbitration hearing. In the days when I arbitrated CCMA matters, parties argued their cases before me very vehemently, passionately and in great detail but of PROBATION | LABOUR GUIDE During the past two weeks, I have been inundated with inquiries from employers regarding employment on probation. Whether this indicates that it is now the season for taking on new employees, or whether it indicates that employers are experiencing problems relating to probation, I do not know. THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theRESIGNATIONS
Get instant access to our free weekly newsletter * First Name: * Your Email Address: Resignations – The Basics Jan du Toit For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may ar COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 PROBATION | LABOUR GUIDE During the past two weeks, I have been inundated with inquiries from employers regarding employment on probation. Whether this indicates that it is now the season for taking on new employees, or whether it indicates that employers are experiencing problems relating to probation, I do not know.VERBAL WARNING
Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411 Peraldo : or Hanlie: OCCUPATIONAL HEALTH AND SAFETY ACT, 1993 Occupational Health and Safety Act, 1993 General Machinery Regulations, 1988 2. Supervision of machinery 1. In order to ensure that the provisions of the Act and these Regulations in relation FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. MANAGING CONFLICT IN THE WORKPLACE Carine van Rooyen In most work teams, conflict is more or less inevitable. Poor outcomes, however, are not. Conflict situations could arise when, within a work team, personalities clash or there is disagreement about certain core values.Conflict, when compared to workplace disputes, is usually m WITNESSES A CRITICAL PART OF YOUR LABOUR LAW CASE If no one testifies, it could be difficult to convince an arbitrator Ivan Israelstam Regardless of whether one is faced with a court hearing, a disciplinary hearing or an arbitration hearing it is always very difficult, and often impossible to win one's case without witnesses. For example, should YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo :RESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
MITIGATING CIRCUMSTANCES AND DISMISSAL AS AN APPROPRIATE Mitigating circumstances and dismissal as an appropriate sanction. Jan du Toit. Many employers still find themselves in hot water at the CCMA or in the labour court for failing to give due consideration to circumstances raised in mitigation by employees before deciding on an appropriate sanction. Schedule 8 of the Labour Relations Act indicates that a dismissal is unfair if it is not affected YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA In terms of s186 (1) (d) of the Labour Relations Act, where an employer, who has dismissed a number of employees for the same or similar reasons, offers re-employment to one or more of the previously dismissed employees but refuses to re-employ another, such refusal shall constitute a dismissal. The above scenario is referred to asselective re
UNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DISMISSAL AS AN APPROPRIATE PENALTY FOR It is not always easy for the Chairperson of a disciplinary hearing to conclude that dismissal may be an appropriate sanction in an act of misconduct. Indeed, it is not a quick decision, and is not a decision to be taken lightly. In Komane v Fedsure Life, it was noted that "fair" is defined in the COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16RELIGIOUS HOLIDAYS
Religious Holidays | Labour Guide. As is usual at this time of the year, the subject of religious holidays springs to the forefront, and this happens especially in light of the fact of the extended shopping hours which now seem to be the norm. Trading in the retail industry has become a 24/7 trading hours industry, and practically every typeof
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo :RESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
MITIGATING CIRCUMSTANCES AND DISMISSAL AS AN APPROPRIATE Mitigating circumstances and dismissal as an appropriate sanction. Jan du Toit. Many employers still find themselves in hot water at the CCMA or in the labour court for failing to give due consideration to circumstances raised in mitigation by employees before deciding on an appropriate sanction. Schedule 8 of the Labour Relations Act indicates that a dismissal is unfair if it is not affected YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA In terms of s186 (1) (d) of the Labour Relations Act, where an employer, who has dismissed a number of employees for the same or similar reasons, offers re-employment to one or more of the previously dismissed employees but refuses to re-employ another, such refusal shall constitute a dismissal. The above scenario is referred to asselective re
UNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DISMISSAL AS AN APPROPRIATE PENALTY FOR It is not always easy for the Chairperson of a disciplinary hearing to conclude that dismissal may be an appropriate sanction in an act of misconduct. Indeed, it is not a quick decision, and is not a decision to be taken lightly. In Komane v Fedsure Life, it was noted that "fair" is defined in the COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16RELIGIOUS HOLIDAYS
Religious Holidays | Labour Guide. As is usual at this time of the year, the subject of religious holidays springs to the forefront, and this happens especially in light of the fact of the extended shopping hours which now seem to be the norm. Trading in the retail industry has become a 24/7 trading hours industry, and practically every typeof
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Incapacity in labour law is the non-blameworthy breach of performance standards, i.e. the employee is unable to cope with the work and the lack of performance is not due to his/her fault (i.e. intentional or negligent under-performance). There are two recognised types of incapacity in the LRA: Poor performance (incompetence) OR. WARNINGS | LABOUR GUIDE The purpose of the warning is to try and correct a situation, if necessary by progressively more severe sanction each time the offense is repeated, or if there are repeated offenses of misconduct. A warning must contain. the identity of both parties. the nature of, date of and time of the offense. the terms of the warning and validityperiod.
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in any YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Load Shedding and Employment Law By Jacques van Wyk, Director and Michiel Heyns, Senior Associate, Werksmans Attorneys The recent announcement of the implementation of load shedding throughout the country may have severe implications for business and labour relations. Introduction Employers an THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 DISMISSAL AS AN APPROPRIATE PENALTY FOR It is not always easy for the Chairperson of a disciplinary hearing to conclude that dismissal may be an appropriate sanction in an act of misconduct. Indeed, it is not a quick decision, and is not a decision to be taken lightly. In Komane v Fedsure Life, it was noted that "fair" is defined in the FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theEMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatio CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theEMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatio CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatioRESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA By Jan du Toit, Senior Consultant, SA Labour Guide. After more than seven years in the making, President Ramaphosa announced last year an effective date of 1 July 2020 for the Protection of Personal Information Act (POPI), Act 4 of 2013. “Responsible Parties” only have approximately 5 months left until 30 June 2021 to becomecompliant in full.
EMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. OVERTIME IN PRACTICE Overtime in practice. By Nicolene Erasmus Under section 10(2) of the Basic Conditions of Employment Act (BCEA) it is mandatory to make overtime payment to an employee who earns less than the threshold of R205 433.30 per annum and who works overtime.Employees who were previously excluded, but now earn below the new threshold are automatically entitled to be paid overtime. THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. NIGHT WORK | LABOUR GUIDE Night Work By André Claassen Basic Conditions of Employment Act Section 17: Night work (1.) In this section, “night work” means work performed after 18:00 and before 06:00 the next day. (2.) An employer may only require or permit an employee to perform night work,if so a
EVIDENCE IN DISCIPLINARY HEARINGS Towards the end of the disciplinary hearing, the complainant or initiator applied to admit into evidence a tape recording on which an employee had confessed and implicated the applicants. Although they were objections by the union representative, the presiding officer admitted the tape recording and the applicants were dismissed. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theEMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatio CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES ANDWORKERS COMPENSATION ASSESSMENT RATEWORKERS COMPENSATION ASSESSMENT RATE Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theEMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatio CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES ANDWORKERS COMPENSATION ASSESSMENT RATEWORKERS COMPENSATION ASSESSMENT RATE Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatio YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA By Jan du Toit, Senior Consultant, SA Labour Guide. After more than seven years in the making, President Ramaphosa announced last year an effective date of 1 July 2020 for the Protection of Personal Information Act (POPI), Act 4 of 2013. “Responsible Parties” only have approximately 5 months left until 30 June 2021 to becomecompliant in full.
RESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
EMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. OVERTIME IN PRACTICE Overtime in practice. By Nicolene Erasmus Under section 10(2) of the Basic Conditions of Employment Act (BCEA) it is mandatory to make overtime payment to an employee who earns less than the threshold of R205 433.30 per annum and who works overtime.Employees who were previously excluded, but now earn below the new threshold are automatically entitled to be paid overtime. THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. NIGHT WORK | LABOUR GUIDE Night Work By André Claassen Basic Conditions of Employment Act Section 17: Night work (1.) In this section, “night work” means work performed after 18:00 and before 06:00 the next day. (2.) An employer may only require or permit an employee to perform night work,if so a
EVIDENCE IN DISCIPLINARY HEARINGS Towards the end of the disciplinary hearing, the complainant or initiator applied to admit into evidence a tape recording on which an employee had confessed and implicated the applicants. Although they were objections by the union representative, the presiding officer admitted the tape recording and the applicants were dismissed.Home
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Latest News Most recent publications, including Case Law Summaries and Articles from some of the leading Law Firms in South AfricaRead more
Payment of Bonuses It must be understood that Labour Law is silent on the question of bonuses. This means that the payment or non-payment of bonuses is a matter entirely for the employer to decide, and to negotiate with employees.Read more
Health and Safety The Occupational Health and Safety Act, Act 85 of 1993, requires the employer to provide and maintain as far as reasonable and practical a work environment that is safe and without risk to the health of employees.Read more
CASE LAW SUMMARIES AND ARTICLES CAN EMPLOYEES BE DISMISSED FOR REFUSING TO ACCEPT NEW TERMS AND CONDITIONS OF EMPLOYMENT? Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answermay be, “yes”.
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ESCAPE ROUTE: “RESIGNATION WITH IMMEDIATE EFFECT” The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequentdismissal.
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FREEDOM OF EXPRESSION OR INCITEMENT TO COMMIT AN OFFENCE? A CONSTITUTIONAL CHALLENGE On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.READ MORE >>>
CONSOLIDATED, COMPREHENSIVE OR GENERAL FINAL WRITTEN WARNINGS Regarding dismissal, according to the Code of Good Practice, “_the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required ofthem._
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THE 2019 EDITION OF THE LABOUR LAW AND EMPLOYMENT MANUAL IS NOW AVAILABLE CLICK HERE FOR MORE INFORMATION COURSES AND WORKSHOPS COMPENSATION FOR OCCUPATIONAL INJURIES AND DISEASES COURSE15 AUGUST 2019
Emperors Palace: Convention Centre22 AUGUST 2019
Tsogo Sun: Century City: Cape Town12 SEPTEMBER 2019
Southern Sun: Maharani Towers: Durban WORKPLACE DISCIPLINE AND DISMISSAL16 AUGUST 2019
Emperors Palace: Convention Centre EMPLOYMENT EQUITY COMMITTEE TRAINING23 AUGUST 2019
Emperors Palace: Convention Centre 29 AUGUST 2019 (FULLY BOOKED) Tsogo Sun: Century City: Cape Town30 AUGUST 2019
Tsogo Sun: Century City: Cape Town SHOP STEWARD TRAINING28 AUGUST 2019
Emperors Palace Convention Centre BASIC LABOUR RELATIONS04 SEPTEMBER 2019
Emperors Palace: Convention Centre THE OHS ACT AND THE RESPONSIBILITIES OF MANAGEMENT13 SEPTEMBER 2019
Southern Sun: Maharani Towers: Durban19 SEPTEMBER 2019
Emperors Palace: Convention CentreOUR CLIENTS
CONTACT DETAILS : TRAINING COURSES, SEMINARS Labour Law and IR Related Workshops (012) 661 3208Fax: (012) 661 1411
Peraldo : psenekal@labourguide.co.za or Hanlie: hanlie@labourguide.co.za Manager: Susan Brits susan@labourguide.co.za CONTACT DETAILS HEALTH AND SAFETY Health and Safety Related Workshops Phone : (012) 666 8284Fax: (012) 661 1411
Deidre : deidre@labourguide.co.za Manager: Tinus Boshoff tinus@labourguide.co.zaCopyright © 2019. Labour Guide. All Rights Reserved.
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