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You are in : Human Resources > Labour Law
Labour reviews private security sectoral determination
Wed, 25 Apr 2012
As part of an investigation into wages and conditions of employment in the sector the Department of Labour (DoL) launched a series of national public hearings to review the Private Security Sectoral Determination.MORE ARTICLES
Will labour remain silent on proposed amendments?
Mon, 02 Apr 2012
The proposed amendments to labour law legislation is expected to receive widespread commentary from trade unions, specifically COSATU and business. Labour law consultant Jonathan Goldberg discusses the potential impact of these changes.Public briefings to explain new labour law changes
Wed, 28 Mar 2012
All stakeholders who have an interest in the proposed labour law amendments submitted by Labour minister Mildred Oliphant; have been invited to participate in public briefings. These feedback sessions will be used solely to provide the public with progress reports.Labour broking to be regulated - not outlawed
Thu, 22 Mar 2012
The national Cabinet has approved the Labour Relations Amendment Bill which will regulate the labour broking industry. Cabinet spokesman Jimmy Manyi explains conditions of temp work agreements.Download the Amendment Bills
BCEA Amendment Bill
LRA Amendment Bill
Amendment bills to address labour broking
Thu, 22 Mar 2012
Cabinet has approved two bills for submission to Parliament that deal with the phenomenon of labour broking and child labour, among others. "We are saying temporary work will be limited to six months" - Labour Minister Mildred Oliphant.Is social networking your employees smoking gun?
Thu, 01 Dec 2011
Social media may offer new channels for communicating with stakeholders but online social networking sites such as Facebook, LinkedIn and Myspace can also act as a platform for negative publicity. Do you, as the employer have any control over what is said about your business?
Desperate times calls for informed leaders
Fri, 25 Nov 2011
The rise in CCMA cases over the last five years has sparked the interest of labour law professionals and emphasised the need to manage human resource processes with care. Labour relations specialist Sally Morgan speaks about the impact of this phenomenon on the business world.
Employees use of social media platforms
Thu, 24 Nov 2011
Do you know what your employees are saying about you on Facebook? Staff members can cause irreparable damage to your public image through online platforms. Policies regarding digital communication in the workplace are becoming imperative.Disrespectful to your employer?
Wed, 23 Nov 2011
While disagreements between employer and employee are to be expected from time to time a recent case study shows the consequences of disrespect and insubordination in the workplace.Labour Law Cases
Dismissal based on operational requirements
Wed, 15 Apr 2009
It was found that the employee was not given an opportunity to respond to the allegation that he was rude and aggressive and had had poor customers customer (the reason put forward for retrenchment was financial problems experienced by the company - but the alleged rudeness was the underlying cause.) The result was that the Court found the dismissal unfair, and ordered that the employee be reinstated.Procedure: Jurisdiction of Bargaining Council in retrenchment dismissal
Tue, 04 Dec 2007
An employee referred a dispute about his dismissal for operational requirements to the bargaining council. (In terms of section 191(12) of the LRA if a single employee is retrenched, the employee may refer the dispute either to arbitration or to the Labour Court.) The conciliation was unsuccessful and a Certificate of Outcome was issued. When the Arbitration commenced, the employer challenged that the Arbitrator had the jurisdiction to proceed. Read how the Labour Court resolved this.Retrenchment: procedural fairness in retrenchment
Mon, 05 Nov 2007
What can employees do if they feel that the company is not following the procedure as outlined in section 189 of the LRA? This case is an example of the use of s189A to make an application to the Labour Court. This is an "application" (compared to a referral) and would normally be dealt with by submission of papers, but disputes of fact required oral evidence be heard.Retrenchment: fairness of dismissal
Tue, 06 Nov 2007
Employers must ensure both procedural and substantive fairness in dismissals. In 2002 Section 189A was introduced to ensure that operational requirements dismissals were fair. This case was held in 1998 and provides a good example of why the new section was necessary.Retrenchment: obligation to re-train to avoid retrenchment dismissal
Fri, 28 Sep 2007
Employers have an obligation to re-train to avoid retrenchment - especially long-service employees.Retrenchment: consultation requirements for "mass redundancy" dismissal
Fri, 28 Sep 2007
Are you the "consulting party" - the employee - in a mass retrenchment with procedural defects? Seek advice on bringing procedural defects to the attention of the employer by an application in terms of section 189(A)(13) of the LRA.
For employers - beware of using subjective criteria.CCMA
When discomfort is not sufficient
Wed, 18 Apr 2012
The question of what constitutes constructive dismissal was raised when an employee laid several charges against her former employer. Jonathan Goldberg discusses the CCMA's ruling.CCMA reports increased workload
Wed, 02 Nov 2011
The number of cases received by the Commission for Conciliation, Mediation and Arbitration (CCMA) has increased by 25 percent as a result of the unstable economy, while budgetary constraints are adding to the challenge of providing business health and job security in the country.The first-timer's guide to attending a CCMA hearing
Fri, 17 Aug 2007
Attending a hearing at the CCMA can be daunting for the first-timer. Our guide for small businesses and those new to the industrial relations field at the CCMA will take you step by step through the processes of a conciliation-arbitration hearing or ConArb as it is known.CCMA Conciliation Stage Procedures ‘v reaching settlement
Fri, 17 Aug 2007
In this section we look at what to expect from the settlement phase of the Con/Arb meeting at the CCMA.Arbitration Stage Procedures
Fri, 17 Aug 2007
This walks you throught the Arbitration process, equipping you with the knowledge you'll need to make the best of this situation.Arbitration Stage Procedures - Witnesses
Fri, 17 Aug 2007
In this final phase of the process, we outline what the final outcomes might be, and where your grounds of appeal lie, should you not be happy with the outcome.More Articles
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