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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?
    • Public briefings to explain new labour law changes
    • Labour broking to be regulated - not outlawed
    • Amendment bills to address labour broking
    • Is social networking your employees’ smoking gun?
    • Desperate times calls for informed leaders

    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

    • The truth about polygraph testing
    • More labour inspectors to arrive
    • Award winning riding instructor wins 12 months for automatically unfair dismissal
    • Time to equalise pay
    • Labour broker research challenges misperceptions
    • More power for labour inspectors
    • Job creation and decent work - key tests for labour department
    • Labour law reforms introduced
    • Review: Current Labour Law 2010
    • Department of Labour

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