Labour Law

After being dismissed for misconduct an employee referred the dispute to the CCMA
where the commissioner found the dismissal to be substantively unfair. One of the issues that arose was whether and to what extent a court could rely on written
warnings that have expired.

It is commonly understood that an employee must be afforded the opportunity to
state his or her case and if an employee can not attend a hearing due an illness
the case must be postponed. But what happens if an employee abuses their sick
leave privileges?

Amendments to the labour law are intended to respond to the growing informalisation
of work in the South African labour market and to align the Basic Conditions of
Employment Act with the Labour Relations Act in addressing unfair labour practices.

One of the major challenges facing the recruitment industry is the continuous revision
of labour legislation, making it harder to do business. Amendments to labour laws and
B-BBEE scorecards have had a restrictive effect on an already over-regulated

A practical knowledge of the details in the Basic Condition of Employment Act is not
only essential for legal compliance, but it can also be a positive tool for management
if used properly.

The government aims to make employment services open and accessible to all, which
will significantly impact the way employers conduct their business in 2013. Rob Cooper
provides a breakdown of the changes.

The Department of Labour stated that Parliament?s Portfolio Committee on Labour has adopted changes to the Basic Conditions of Employment Amendment Bill, which will pave the way for the laws to be debated.

The Constitutional Court recently handed down judgement in a case concerning the proper meaning of a provision of the Labour Relations Act whether a notice needs to be given beforehand by every employee who intends to strike.

Despite some confusion over the exact conditions of temporary employment in the amended Labour Relations Act it is clear that labour brokers will still be allowed to operate. Nritika Singh sheds light on the proposed changes in some of SA's most important labour bills.

The national youth employment situation will come under review when the Department of Labour along with young people, policy-makers and social partners meet to exchange views at the National Youth Employment Summit.



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