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HR Latest Articles- Global Business Solutions is a leading Labour Law, Human Resources(HR) and Industrial Relations consultancy offering a diverse range of services aimed at empowering businesses to achieve their objectives. Established in 1989 Global has developed a wealth of experience and expertise in the fields of business consultancy solutions, project management, B-BBEE, the full spectrum of Human Resources and private and public training (SETA accredited training provider).
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HR Latest Articles
How will the National Health Insurance Bill affect B-BBEE in the health sector?
The National Health Insurance (NHI) Bill, which aims to provide universal access to quality health care for all South Africans, has been met with mixed reactions from different stakeholders in the health sector. One of the key issues that has emerged is the impact of...
Importance of stating consultations when s189 is “contemplated”
In South Africa, the Labour Relations Act (LRA) requires employers to consult with affected parties when contemplating restructuring as a result of operational requirements. Section 189(1) of the LRA is clear in this. It is evident that many businesses are facing...
Medical Certificates, Clinics and Nurses
Have you ever wondered what the legal requirements are for issuing and accepting medical certificates? Or how to deal with employees who claim to have a calling from their ancestors to become traditional healers? If so, this article will provide you with some useful...
Misrepresenting one’s qualifications is a serious offense that can have severe consequences
In South Africa, it is a criminal offense to falsely or fraudulently claim to hold a qualification or part-qualification registered on the National Qualifications Framework (NQF) or awarded by an education institution, skills development provider, or quality council....
Expected Wage Increases for 2024, in SA
South African employers are expected to increase pay by an average of 6.1% in 2024, according to a recent survey (as per BusinessTech). This is a slight decrease from the actual average rise in pay budgets made in 2023, which was 6.6%. The study found that companies...
Enforcing Discipline Includes Enforcing Sound Values and detailed planning in 2024
In 2024, South Africa will experience the full impact of the Constitutional right to equality and fair discrimination. As organisations navigate this evolving landscape, the enforcement of sound values will be paramount in ensuring compliance and driving...
2024, a Watershed Year: Navigating Key Organisational Challenges
As we step into 2024, organisations are facing a pivotal moment, where the ability to navigate a rapidly changing landscape will determine their success in the months ahead. Numerous factors, many of which are within the organisation's control, will play a critical...
The Top 5 Human Resources Trends for 2024 in South Africa
As we step into 2024, the landscape of human resources (HR) continues to evolve, driven by technological advancements, shifting workforce dynamics, and changing employee expectations. In South Africa, where the HR function plays a crucial role in navigating the...
The Hate Speech Bill and the Workplace
The Hate Speech Bill, currently awaiting Presidential signature and promulgation, has sparked widespread debate and concern, particularly in the context of the workplace. This proposed legislation aims to criminalize any form of hate speech and imposes penalties...
Balancing Employment Costs with ROI: Navigating Economic Challenges in 2024
As we approach 2024, businesses are facing a confluence of economic challenges that are prompting a fundamental re-evaluation of their operational and workforce strategies. A groundswell is building, driven by factors such as stagnant economic growth, high labour...
Moonlighting and Labour Law: Balancing Employment and Outside Work
Moonlighting, the practice of holding a second job in addition to a primary job, has become a topic of contention within the realm of labour law. A recent case at the University of the Witwatersrand brought to light the complexities and legal implications of...
Navigating the Use of Cannabis in the Workplace: A Balanced Approach to Employee Health and Wellness
As South Africa moves forward with the decriminalization of cannabis, it is important for employers to consider the benefits and consequences from a health and wellness perspective. While cannabis can have potential benefits for some employees, it also poses...
Dysfunctions and poor performance: A Look Beyond Labour Law in South Africa
In the realm of organizational performance, poor employee performance is a pervasive concern. While South Africa's labour law delineates how employers can address such issues, it's critical to understand that the root cause of poor performance may lie in areas outside...
Legal status of scanned documents
In South Africa, the legal status of scanned electronic documents is governed by the Electronic Communications and Transactions Act (ECTA) of 2002. The ECTA recognizes the validity and legal effect of electronic documents and signatures, providing a legal framework...
Toxic Workplaces and Harassment Liability: Understanding the Impact of Unfair Discrimination
Introduction: Toxic workplaces and harassment have become critical issues in today's corporate landscape. It is essential for employers to recognize that harassment is a form of unfair discrimination, as outlined in Section 6 of the Employment Equity Act. This article...
Disclosure of Remuneration in the Employment Equity Context
Introduction The principle of equal pay for equal work is a fundamental aspect of fair employment practices. In South Africa, the Employment Equity Act (EEA) places an obligation on employers to identify and rectify unjustifiable pay differentials based on prohibited...
The Application of POPI in TES-Client Relationships: Protecting Personal Information
Introduction In the digital era, the protection of personal information has become a crucial aspect of maintaining privacy and ensuring data security. The Protection of Personal Information Act (POPI Act) sets out principles and regulations to safeguard personal...
The True Value of Pay for Performance to Employees
In today's competitive business landscape, organizations strive to attract and retain top talent while maximizing employee performance. Two critical factors that significantly impact employee satisfaction and motivation, are remuneration and organizational culture....
Performance Management and Fair Labour Practices
Performance management is a critical aspect of human resources (HR) that ensures employees' productivity, development, and success in the workplace. However, it is equally important for organizations to adhere to fair labour practices when implementing performance...
The Shift in Onus When Employers Challenge Medical Certificates
In the realm of employment, medical certificates play a crucial role in determining an employee's ability to work and their entitlement to sick leave. However, there are instances where employers may find it necessary to challenge the validity or authenticity of a...
Designated Employers Beware of Phishing Emails
In today's digital age, cyber threats have become an ever-present danger for individuals and organizations alike. Phishing emails, in particular, continue to be a common tactic used by cybercriminals to deceive unsuspecting recipients and gain unauthorized access to...
The Detrimental Impact of Narcissistic Managers on Employee Wellbeing and Company Performance: The Rise of Emotional Intelligence in Today’s Disruptive World
In today's fast-paced and ever-changing business landscape, the way managers lead their teams can significantly impact employee wellbeing and overall organizational performance. Unfortunately, the presence of narcissistic managers within companies poses a threat to...
Minimum Requirements for Employment Contracts: Understanding Section 29 of the BCEA
Employment contracts serve as the foundation of the employer-employee relationship, setting out the terms and conditions of employment. In South Africa, the Basic Conditions of Employment Act (BCEA) provides guidelines for these contracts, ensuring fair treatment and...
False Representation By An Employee – The Consequences can accumulate
By Jonathan Goldberg and Grant Wilkinson In Umgeni Water V Naidoo And Another (11489/2017P) [2022] ZAKZPHC 80 (15 December 2022) The employer was involved in the bulk distribution of water in KwaZulu-Natal. The state-owned entity (SoE) designed a graduate development...
Alternatives to retrenchments: What is a reasonable offer?
In the case of REEFLORDS PROPERTY DEVELOPMENT (PTY) LTD V ALMEIDA (JA72/2020) [2022] ZALAC 8, an employee was called into a meeting with three senior colleagues to discuss a transfer. She was told she had to move out of the sales department and into the employer’s...
Probation: Often Over-Rated in the Workplace
Introduction Probationary periods are a common practice in many organizations, allowing employers to assess the performance and suitability of new employees before making a final decision on their permanent employment. While probationary periods serve a purpose, they...
Charge of insubordination unpacked. What are the factors to consider?
In the case of INDEPENDENT RISK DISTRIBUTORS SA (PTY) LTD V CCMA AND OTHERS (JR 1906/19) [2022] ZALCJHB 282 The employee was charged with misconduct, for gross insubordination. The employer took issue with the employee for challenging and/or undermining the authority...
Differentiating Between Misconduct and Incapacity
In today's rapidly changing and disruptive world, where job profiles and skill sets evolve at an unprecedented pace, it is crucial for employers to distinguish between employee misconduct and incapacity. Understanding whether an employee is incapable of meeting job...
Dealing decisively with Abscondment, when an employee wishes to resume work
When an employee absconds and deserts their employment but later wishes to return and resume work, the employer should generally follow a fair and reasonable process to address the situation. Herewith some guidelines in this regard. Review the employment contract:...
Analysing South Africa’s Hate Speech Bill and its Implications for Workplace Conduct
Introduction South Africa has long been recognised for its journey towards democracy and the promotion of human rights. In line with this commitment, the country is currently deliberating a hate speech bill in parliament, aiming to address the rise of hate speech and...
Maximizing the Probationary Provision: A Guide for Employers under the Labour Relations Act
The probationary period is a vital tool for employers to assess an employee's suitability for a particular role. Under the Labour Relations Act, Schedule 8, employers have the opportunity to utilize probationary provisions to evaluate an employee's performance and...
Navigating Smoking Regulations in South African Workplaces: A Comprehensive Guide
In South Africa, stringent regulations govern smoking in workplaces to protect the health and well-being of employees. It is crucial for employers and employees alike to be aware of these regulations and ensure compliance. In this article, we will provide a...
Trends across occupational levels over the past 10 years in the W&R Sector
It is common knowledge that approximately 27 000 designated employers submit their EEA 2’s every year, covering the interests of more than 6 000 000 employees. Global Business Solutions is often called upon to conduct sector-specific research and benchmarking for its...
Disclosure on Equal Pay for Work of Equal Value (EPWEV), how far do you need to go?
A difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one or more of the grounds listed in subsection (1), is...
Employment equity success is a 3D matter
To date the EE statistics over the past 21 years reflect that there has been transformation, but not at a rate that would be justified. The reason for this is that the key ingredients of success in this regard are – transitioning through change (i.e. behaviour...
Balance of probabilities – Misconduct Dismissal
In the case of Percy v Two Rivers Platinum Mine and Others (JR1777/19) [2023] ZALCJHB 31 (6 March 2023) the employee was suspended after which he was charged with dishonesty. The employee had utilised company and contractor employees and facilities at the salvage yard...
Dismissal: Gross negligence and consistency?
In the case of South African National Blood Service v NEHAWU obo Mathobisa and Others (JR 654/2021) [2023] ZALCJHB 58 the employee was employed as an inventory technician. She was dismissed on 11 August 2020 after a disciplinary hearing, when she was found to have...
B-BBEE Alert
Despite the fact that BBBEE Codes of Practice have been a key focus areas of organisations for some time, there remain barriers and interpretation areas that can and should be addressed more expediently and innovatively. This is particularly important in highly...
How to approach AARTO, proactively
The recent Constitutional Court finding that the AARTO Act is aligned with the Constitution adds another “to-do” item to the list of all organisations. The impact of AARTO is broad and deep, and as is the case with employment equity, organisations need to start...
Misconduct Dismissal: “Intolerability” Not Be Confused With Mere “Incompatibility”
In the case of Coldset (Pty) Ltd v Singh DA 1 2021 2022 ZALACD 8 2 June 2022 an employee exited the premises by driving down a one-way lane. To avoid colliding with an oncoming vehicle, he drove his vehicle backwards. A fellow colleague's son told the employee it was...
The Preferential Procurement Regulations Have Changed – This Is What It Means For Your Business
In 2017, the Minister of Finance issued detailed Preferential Procurement Regulations in terms of the Preferential Procurement Policy Framework Act (Number 5 of 2000). Among others, these procurement regulations laid down the criteria for the adjudication of tenders....
MELISSA BRANDT V QUOIN ROCK WINES C152/2021
The employee was employed by the employer as a financial manager. She was earning a gross salary of R50000 per month at the time of her dismissal on 30 November 2020. She had received IVF treatment as a single person in January 2019 and became pregnant with a due...
What is procedural fairness in a retrenchment?
Retrenchment Policy Retrenchment Policy- For a dismissal ( be it for misconduct, incapacity or operational reasons ) to be fair, it has to be substantively as well as procedurally fair. In other words, there has to be a fair reason for the dismissal (substantive...
The duty to disclose a conflict of interest
Conflict of Interest in Business Ethics Examples The case of De Beers Consolidated Mines Ltd (Venetia Mine) v National Union of Mineworkers and Others (JA83/18) [2019] ZALAC 72; [2020] 3 BLLR 251 (LAC) (11 December 2019) unpacks the issue of disclosing conflicts of...
When a refusal to follow policy is considered to be a strike
As an employer, you are entitled to institute policies – which do not infringe the rights of your employees - in your workplace to govern employee behaviour. However, when employees organise an action against your policy this could be considered a strike. The case of...
Suspension Of A Picket
The intervention by the Court to suspend a picket is a big hurdle to cross. The suggestion by the Court of contempt of Court proceeding on an urgent basis seems to be the way to go. Clover SA (Pty) Ltd v General Industries Workers Union of South Africa and others. The...
How does COIDA affect your business?
The Compensation for Occupational Injuries and Diseases Act (COIDA), No. 130 of 1993, allows for employees to claim compensation if an employee is disabled or disabled as a result of an occupational injury or diseases that happen while performing their job. You must...
How to Introduce an Employee Wellness Programme
Employee Wellness Programme- Employee Wellness starts with individual buy-in. You can have the most amazing Employee Wellness Programme (EWP) but if employees don’t use it, they will not benefit from it and if none of your employees support it, it will not be...
Disciplinary Action Needs to Happen Quickly
Disciplinary Hearings In The Workplace Disciplinary Hearings In The Workplace- On 22 July 2010 an employee was charged with four counts of misconduct by the Eastern Cape Department of Education (Department) for awarding a service contract to her spouse’s company...
The 22nd Annual CEE Report Was Launched On 20 June 2022
The 22nd Annual employment Commission for (CEE) Report was launched on 20 June 2022. With the majority of employment equity (EE) reports being submitted by the private sector, it was noted that the White population group still...
Finally, Some Case Law On Covid-19 Mandatory Vaccinations
The issue of mandatory Covid-19 vaccinations in the workplace has been contentious issue ever since it was first introduced in the Covid Occupational Health and Safety (OHS) Direction in terms of the Disaster Management Act. The debate continued with corporates such...
Employee Engagement: From Master-Servant To Deep Trust
Until the end of the Third Industrial Revolution, the workplace was characterised by linear change and occasional episodes of disruption. It was the heyday of the professional manager who thrived in an environment of command and control. This manager was the epicentre...
Information Officers Now Need To Deal With PAIA And POPI
As from the 1 July 2021, the responsibility for the Promotion of Access to Information Act (PAIA) has transferred from the Human Rights Commission to the Information Regulator. This means that both POPI and PAIA reside with the Information Regulator. On 29 July 2021...
A Deep-Dive Into The Protected Disclosure
In recent times the role of the whistle-blower has come to the forefront when it comes to arbitrations as well as disciplinary action in the workplace. As companies look at ensuring they clean up their act and reinforce the fact there is no room for corruption in the...
Building Character And Competence To Benefit From Disruption
There were businesses in the 3IR who managed to trade and grow for decades in a relatively constant trading environment where the “bell curve” demonstrated the pace of change. Many of these organisations are no longer around and the question that begs to be answered...
Compulsory Vaccination: To Compel At Your Workplace Or Not?
There is nothing in the South African Constitution - or any other law in South Africa – which prevents an employer from implementing a compulsory vaccination policy at organisations. The Direction on Occupational Health and Safety is the guideline law that requires...
The Importance Of Employee Performance Management Policies
Your workforce and employee performance are the lifeblood of your company. But creating a good work environment involves more than putting a pool table or a 'relaxation zone' in the office. It involves helping your staff develop both as individuals and as part of your...
The Treadmill Of Life
As our world gets busier, our phones get beepier and meetings are scheduled back-to-back, the scarcest resource of all is time. Life in a world of doing accelerated by technology, speed, profitability and change has made us forget about the world of being, which...
The Winds Of Change Are Upon Us
We are in a time of tremendous change… this is a change that came about without anyone asking for it or volunteering that it arrive on their doorstep. But as we have come to realise, whether we like it or not, we are unable to control the external factors in our...
The Secret Of Your Future Is Hidden In Your Daily Routine
A question often asked of job applicants in interviews is: “Where do you see yourself in three years from now?” This telling question is answered mostly in a manner that will hopefully impress the interviewer. However, the true answer to this question lies within the...
Diversity Matters
We all know that diversity in teams allows them to perform better when there is a sense of inclusion and belonging. This is mostly because every human being is unique and therefore brings unique individual perspectives which emanate from different characteristics,...
Defining And Measuring Performance Within Diverse Work Conditions
Peter Drucker is often misquoted as saying “you can’t manage what you can’t measure”, and whilst he might not have said those words precisely, he certainly did teach the importance of having clarity for both employees and managers.The Covid 19 pandemic has...
Can An Employer Question A Disciplinary Hearing Conducted By A Third Party?
In Mzolo v Rhodes Employer and another – (2020) 30 ECG 1.13.6 a law lecturer was charged with sexual harassment and falsely accusing the employer of racism. An outside Chairperson found the lecturer - in a disciplinary hearing - not guilty of sexual harassment but...
11 Key Things Organisations Need To Do To Ensure Baseline POPI Compliance By 30 June 2021
Written appointment of the Information Officer (IO) unless it is the Chief Executive in which case the appointment is automatic by law. Also, appoint Deputy IOs if you believe this is necessary.Register the IO and DIO on the Information Regulator (IR) website and get...
When The Employer Is Too Quick On The Draw In A Misconduct Dismissal
In South African Broadcasting Corporation SOC Ltd v Phasha - (2021)30 LAC 1.11.9, a General Manager was charged with misconduct and agreed to a hearing conducted by a CCMA Commissioner in terms of section 188A of the Labour Relations Act (LRA). The employee, upon...
A New Approach To Training Employees
Well before our current crisis, forward-thinking employers have been asking questions about approaches to the training and development of their people. 2020’s Entirely unexpected change of course has forced all employers to rethink how employees can be upskilled and...
What Is Implied Resignation?
In Mahlophe v ETA College – (2021) 30 CCMA 7.1, term 'implied resignation' was developed. Here are the facts of the case so that you can learn more about it. The employee, a sports management lecturer at the Bloemfontein campus, decided to leave for Cape Town on 27...
If An Employee Goes AWOL Can You Dismiss Them For Misconduct?
In the case of Mtshweni v Smollan Sales and Marketing (Pty) Ltd – (2021) 30 CCMA, the employee, who was working as a merchandiser, was dismissed after a disciplinary hearing was held for failing to report for duty between 31 March and 16 April 2020. In the...
Can Resignation Be With Immediate Effect?
The Basic Conditions of Employment Act (BCEA) sets out a number of notice periods that an employee needs to give if they tender their resignation. However, can an employee resign with immediate effect? The case of The Standard Bank of South Africa Limited v Nombulelo...
No Dispute Is Possible When A Termination Is Mutual
In the case of Chikwangu v Screening and Earthworks (2021) 30 CCMA 7.1.1 & 1BALR 17 (CCMA) it is shown that if an employee signs a settlement agreement - and accepts severance pay - he is not able to lodge an unfair dismissal dispute further down the line. Facts...
How Much Do You Know About POPIA?
In development for the last 10 years or so, the entire Protection of Personal Information Act (POPIA) 4 of 2013 becomes effective on 1 July 2021. A lot of information has been published about how employers need to comply with this but how much do YOU really know about...
Updated Automotive Production and Development Programme
The updated Automotive Production and Development Programme - Phase 2 (APDP2) regulations were published in the Government Gazette dated 11 February 2021. These regulations become effective from 1 July 2021. No benefits will be claimable under APDP from 31 June 2021....
When Can You Bring Poor Performance Charges Against An Employee?
'Poor performance' refers to the employee’s inability to discharge their contractual obligations as they do not possess the required skills/ability to do so. It is important to remember that what we are referring to here is a situation where the employee “cannot do...
Are You Sure That You Know What The Law Says About Sick Leave?
According to section 22 of the Basic Conditions of Employment Act (BCEA), a “sick leave cycle” means a period of 36 months’ employment with the same employer. This period immediately follows: An employee’s commencement of employment; or The completion of that...
EQ Is A Top Capability – For Good Reason
In the 3IR, the hierarchical structures underpinned by a centralised command and control culture of managers worked for many organisations, despite themselves. One reason for this is that consumers had limited choices and the pace of change was slow. Products and...
The Impact Of The Proposed PEPUDA Amendments On The Implementation Of The Employment Equity Act
The Employment Equity Act (EEA) provides guidelines on how to deal with unfair discrimination and recourse for employees who suffer the consequences of unfair discrimination. It is about promoting equal opportunities for all employees and seeks to redress imbalances...
How To Investigate And Prepare For A Disciplinary Enquiry
The success of a disciplinary enquiry often depends on the effort which the representative puts intothe preparation of the case. The value of thorough preparation cannot be emphasisedenough.Regardless of whether the disciplinary enquiry will result in formal or...
What Is The Role Of The HR Professional?
Human resources (HR) professionals and practitioners are being called on to broaden their strategies and plans. In addition, HR is being called upon to address the entire length, breadth and height of “people”: People as “employees” People as “contractors” People as...
You Can Take Action If Employees Let Social Media Usage Take Precedence Over Their Work
The COVID-19 pandemic significantly shifted the way in which people work. There has been a push to move online and, as a result, a number of work-from-home arrangements have been made . However, these types of arrangements pose challenges to management in terms of...
How To Handle Equal Pay And TES
When addressing the equal pay for work of equal value requirements, organisations may be found wanting in the area of Temporary Employment Services (TES). In section 198, the Labour Relations Act (LRA) provides that employees of a TES who earn below the threshold and...
What Is Equal Pay and Equal Treatment?
Equality in remuneration is gaining statutory and litigious momentum with the existing provisions of the Employment Equity Act (EEA) and Codes of Practice underpinning no fewer than 826 CCMA referrals on equal pay disputes over the period April 2019 to February 2020....
How Will Employers Be Affected By The Increase To The National Minimum Wage?
The Minister of Employment and Labour has published Gazettes setting out the increases in the National Minimum Wage, various Sectoral Determinations as well as the “earnings threshold”. These will be effective on 1 March 2021 and the table set out below summarises the...
Update On The Employment Equity Amendment Bill
Critical for organisations are the amendments that were tabled and approved by Cabinet in February 2020 concerning the Employment Equity Act. In July 2020, the Minister of Employment and Labour published that the Bill would go to the National Assembly to start the...
The definition of ‘short time’?
The issue of short time is a contentious one at the workplace. It results in less take-home pay for employees. This was looked at in National Union of Mineworkers obo Mhlempu / UMSO Construction (Pty) Ltd – (2019) 28 BCCEI 6.7.2. An employee was placed on short-time...
When insolence leads to a fair dismissal
Sometimes, an employee facing dismissal will try to rely on a technicality in order to avoid the sanction posed. The case of South African Commercial, Catering and Allied Workers Union obo Vas / Carnival City Casino – (2019) 28 CCMA 8,37,6 (CCMA) illustrates such a...
Differences in pay do not always amount to unfair discrimination
The Employment Equity Act makes paying people - who do the same work at different rates of pay - an offence. This amounts to unfair discrimination. However, what often happens is that employees misinterpret this provision as can be seen in the matter of Food and...
Suspension prior to a disciplinary enquiry is not always punitive
Section 23 of the Constitution of the Republic of South Africa states that everyone has the right to fair labour practices. This is the basis of the Labour Relations Act (LRA). In the case of LONG V SOUTH AFRICAN BREWERIES (PTY) LIMITED AND OTHERS; LONG V SOUTH...
The Labour Appeal Court on cost
In the case of University of Kwa Zulu Natal v Pillay and Others Case No: DA09/2015, the issue of when an employee will be liable for the costs of an appeal and a review were considered in the Labour Appeal Court. The employee admitted that he had lied to a tribunal...
Dress code is a potential contentious issue
In the case of the National Union of Metalworkers of South Africa v Transnet SOC Ltd Case No: JS427/15 the question of whether or not a company may prevent union members – from wearing union-related clothing while at work and thus regulating dress code – was looked...
Double trade union deductions
In the case of Municipal and Allied Trade Workers Unions of South Africa v Central Karoo District Municipality and other- Labour Court, Cape Town, Case No: C671/18, the question of whether agency shop agreements apply to all trade unions that are represented in a...
How does COIDA affect your business?
The Compensation for Occupational Injuries and Diseases Act (COIDA), No. 130 of 1993, allows for employees to claim compensation if an employee is disabled as a result of occupational injuries or diseases that are acquired or contracted while performing his or her...
When a dismissal related to unprotected strikes is fair
In the case of N Msomi & 273 others v Capacity, Transman, Capital Outsourcing and Edcon Case No D659-15 Labour Court the principle of fair dismissal – as a result of strike action – was dealt with. The employees conceded that they were engaged in unprotected...
Fixed-term contract renewals for managers
If an employee earns below the R205 433 per annum threshold, the onus shifts to the employer to prove that there was a justifiable reason for a fixed-term contract longer than three months. If the employer cannot do this then the employment is deemed indefinite. The...
Retirement age and the burden of proof
In a matter where retirement age is disputed, the burden of proof rests with the applicant. The case of BMW (South Africa) (Pty) Ltd v National Union of Metalworkers of South Africa and another – (2019) 28 LAC 1.11.12 also reported at [2019] 2 BLLR 107 (LAC)...
Employment contracts drafted by HR: Will they stand up in court?
Many businesses – especially small businesses and start-ups – are not able to afford the services of an attorney for the purposes of drafting an employment contract. They may rely on a template contract that they download or purchase from a ‘reputable’ source and make...
Disciplinary action needs to happen quickly
Should you decide to institute disciplinary action against one of your employees, the time it takes for you to conclude the proceedings needs to be as short as possible. If it is not, you risk facing court cases in relation to this. The case of Stokwe v Member of the...
Different rates of pay for the same job are sometimes okay
With the Equal Pay Provision that was introduced in 2014, there have been many cases lodged at the Commission for Conciliation, Mediation and Arbitration alleging unfair discrimination based on the fact that this provision was not adhered to. The case of African Meat...
Section 21(8)C of the Labour Relations Act has major implications
The most recent round of amendments to the Labour Relations Act (LRA) have implications for the granting of organisational rights to trade unions. National Union of Mineworkers and others / Western Platinum (Pty) Ltd and others – (2019) 28 CCMA also reported at [2019]...
Is a substantive unfairness reinstatement automatic?
Should it be found that an employee has been unfairly dismissed, the usual remedy is re-instatement. The case of South African Municipal Workers’ Union and another v Ethekwini Municipality and others – (2019) 1 BILLR 46 (LAC) discusses this further.An employee was...
Why you need to be careful when setting your retirement age
When setting the retirement age in your company, ensure that your policy is based on solid industry standards. If it is not, you could find yourself having to pay thousands that you had not budgeted for as was the case in Brian Joffe t/a J Air v Commission for...
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