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You are in : Human Resources > Labour Law
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?
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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.When does employment commence?
Wed, 14 Sep 2011
Traditional definitions state that a person only gains the status of employee upon commencement of physical work, however Jonathan Goldberg uses a recent lawsuit to emphasise the importance of developing concise and legal employment contracts.The difference between 'trapping' and 'entrapment'
Fri, 26 Aug 2011
What is the recourse for employers who want to prove an employees guilt? Jonathan Goldberg speaks about the legimate techniques available to employers and the illegal methods that law-abiding managers should avoid.The relevance of expired warnings
Fri, 26 Aug 2011
Many employers remove disciplinary warnings from an employees record once the warning has lapsed, but is the good practice? Jonathan Goldberg says that there is no provision in either the labour legislation or case law that supports this notion.Cabinet denies labour law rumours
Thu, 25 Aug 2011
Government spokesperson Jimmy Manyi reminded South Africans that the Department of Labour was still the final authority on all labour law matters and has strongly refuted speculations that South Africa's labour legislation might be relaxed in the future.Tallying the casualties after unions strike
Thu, 18 Aug 2011
Wage negotiations which result in costly settlements 'inevitably lead to job losses as most employers will not be able to pass this cost on to their customers' says labour law specialist Jonathan Goldberg in his comparative analysis of industrial action in 2010 and 2011.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
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.CCMA moots new service delivery plan
Tue, 10 Jul 2007
The Director for the Commission for Conciliation, Mediation and Arbitration (CCMA),
Nerine Khan, has stated that her organisation has mooted a new turnaround strategy aimed at improving service delivery of the system by 2010.
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