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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

Different branches of a company are not separate workplaces

In order to be represented in a workplace of a particular company, the majority of employees need to belong to a union. This takes into account the employees across the entire company and not just at specific branches. In Southern African Clothing and Textile Workers'...

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How does a review work?

Section 145(7) of the Labour Relations Act (LRA) provides that review proceedings do not suspend the operation of an arbitration award unless three applicants furnish security to the satisfaction of the Court. This is in accordance with subsection (8) of the LRA....

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Do arbitration awards prescribe?

In law, if something ‘prescribes’ it becomes final. The process is most commonly related to debts. However, the question was raised – in Xoloani and Others v Mhoko's Waste & Security Services (C202/15) [2018] ZALCCT 32 (5 October 2018) – as to whether or not...

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When is unpaid leave justifiable for pregnant employees?

If one of your female employees informs you that she is pregnant, and does work that could be harmful to her unborn child, you are obliged to find alternative, safer employment for her for the duration of her pregnancy. The case of Samancor Chrome Ltd (Eastern Chrome...

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When can an employee reasonably expect a further contract?

The reasonable expectation for a further contract is something that is often present in fixed-term contract cases. The case of National Tertiary Education Union obo Prigge and another / Durban University of Technology - (2018)27 CCMA 7.1.21 also reported at [2018] 10...

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Gender Disparities in the Workplace

In our workplaces, there are still instances of discrimination which are occurring and the cases that are going through our labour courts bear testament to this. We are fortunate to have legislation which prevents discrimination in the workplace however,...

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Gross insubordination – what does this mean?

Gross insubordination is grounds for dismissal. However, it is not always cut and dried as can be seen with the case of SAMWU, AA Dawood v eThekwini Municipality, The South African Local Government Bargaining Council Commissioner & Ndaba N.O - Case No: Da18/2016...

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Are struggle songs a ground for dismissal?

 In the case of Duncanmec (Pty) Ltd v Gaylard, J N.O. and Others, the Constitutional Court handed down judgment in an application for leave to appeal against a ruling of the Labour Court. This judgement upheld a decision of the Metal and Engineering Industries...

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What is the impact of racial insults in the workplace?

There have been many high profile cases regarding racial insults and the consequences of these for the perpetrator. Shoprite Checkers (Pty) Ltd v Samka and others - (2018) 27 LC 1.11.23 also reported at [2018] 9 BLLR 922 (LC) demonstrates how racial insults ought to...

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Follow your own procedure or else!

If you have a procedure in your workplace, you need to follow it. A lot of organisations have complicated procedures that are extremely lengthy. The problem with these - including those regulating the disciplinary process - is that the organisation is bound to follow...

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Can not paying bonuses be an unfair labour practice?

Paying, or not paying, bonuses is a contentious issue - especially when the employer does not pay. Even then non-payment of some employees who went on strike could still result in a successful unfair labour practice award. In Hotel, Liquor, Catering Commercial &...

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Asked to resign and you do. What next?

Sometimes, at a disciplinary hearing, the chairperson may offer the employee the option to resign instead of undergoing the hearing. The Bargaining Council case below discusses whether or not this is allowed. In Tichawona / Hestony Transport - (2018) 27 NBCRFLI 7.1.15...

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A dishonesty precedent at the workplace

Recently, we have seen executives take advantage of their position of power and allow dishonesty to further their own interests. The case of Kidrogen (Pty) Ltd v CCMA & others (Case no: C 814/2016, 31 July 2018) illustrates this fact. Three newly appointed...

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When does constructive dismissal succeed?

The wording in contracts of employment – which relates to bonuses, commissions and increases - are key. For employees, the contract of employment is the most important document that governs the employment relationship between themselves and their employers. This...

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What is an arbitrary ground of discrimination?

If someone is unfairly discriminated against, the reason for this discrimination must be arbitrary or subjective. In legal terminology, this reason is called an ‘arbitrary ground’. These grounds harm a person’s dignity or affect them in an equally negative way. If...

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Why discrimination is not always unfair

Section 9 of the Constitution states that everyone is equal in the eyes of the law and prohibits unfair discrimination. However, the dividing line between what is fair and unfair discrimination sometimes becomes a bit blurry as can be seen in the case of Phahla/ Seven...

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Above all else dismissals must be substantively fair

According to the law, for a dismissal to stand it needs to be procedurally and substantively fair. In other words, the way in which the dismissal was carried out needs to be fair as does the reason for said dismissal. However, there are circumstances in which a...

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The powers of CCMA Commissioners in conducting cases

In terms of section 138 of the Labour Relations Act, commissioners may conduct arbitrations in a manner that the CCMA Commissioner considers appropriate to determine the dispute fairly and quickly as well as deal with the substantial merits of the dispute with the...

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What is insubordination in the context of employment?

The issue of an employee, or groups of such individuals, defying management is one which is often dealt with in the workplace. This is termed as 'insubordination'. How to deal with an insubordination issue such as this was explained in the Commission for Conciliation,...

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What do warnings mean and how must you issue them?

Warnings given to employees are meant to be corrective in nature. These should be given in a way that attempts to try and change the employee and get them to act in a better way both for the organisation and the employee’s benefit.Issuing warnings is not guided by...

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How does constructive dismissal work?

The term ‘constructive dismissal’ means that an employee terminates his or her employment contract with or without notice. However, this resignation is not on an entirely voluntary basis. In other words, a constructive dismissal was caused by something that the...

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Resignations are a one-way ticket!

Employees - for a variety of reasons - resign. Some, after reflection, have a change of heart after they have given more thought to it. They then want to retract their resignations. What position does this leave you in, as the employer? Do you have to accept this...

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When should an employee be reinstated?

Sometimes, when an unfair dismissal hearing succeeds, the Commission for Conciliation, Mediation and Arbitration (CCMA) can make a monetary award to the employee. However, this award can be overturned as can be seen in the case of Xstrata South Africa (Pty) Ltd...

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Too much cash in the till – Is there a consequence?

One of the main duties of a cashier is when the till is cashed up, it must be exactly right. Too much cash (being over) as well as too little in the till can be a serious offence. In a Labour Appeal Court (LAC) case - Woolworths (Pty) Ltd v South African Commercial...

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What does the law say about retirement age?

There is no employment retirement age prescribed by law in South Africa. An employer can agree on an age with their employees. Alternatively, they can follow a standard practice of requiring employees to retire at a particular age which is normally based on an...

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Answers to your labour law questions

We have received a number of questions about pressing labour law matters in individuals' businesses. As these are issues that many employers and employees face, we have put them into an article.My employee has not turned up for work for five days. I have not had...

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Workplace definition and extension of Collective Agreements

Our Constitutional Court dealt with the above-mentioned principles in the case of Association of Mineworkers and Construction Union and Others v Chamber of Mines of South Africa and Others [2017] ZACC 3. In this case, it had to be decided whether workers at five gold...

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Bonuses: clear or not in your contract

The practice of working for 12 months and, at the end of the period, distributing a bonus 13th cheque is common practice in many companies. When drafting the bonus policy in your company, you need to make sure that it is perfect. If it isn’t, you could find yourself...

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Sexual Harassment at The Workplace

There have been several cases, in recent years, which have seen employees who allege sexual harassment against another employee being awarded substantial damages. Employers are often unaware of their liability stemming from this type of incident. In this article, we...

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The Validity of B-BBEE Certificates Needs To Be Extended

The current Covid-19 pandemic, and the lockdown implemented by the South African government, has had a significantly negative impact on businesses. Some have only recently been able to commence operations with the start of the current alert level 1 status. This...

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What is procedural fairness in a retrenchment?

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 fairness) and how the dismissal takes place...

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Amendments to the Labour Laws Amendment Act and COIDA

Promulgation of remaining sections of Labour Laws Amendment Act (LLAA) – UI Act 2001 The President has promulgated the remaining sections of the LLAA as from 1 April 2020 which means that sections 7, 8(b)(dA),12,13,14,15 and 16 of the said Act shall come into...

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CCMA Urgent Directive RE COVID-19

In reaction to the COVID-19 Coronavirus and its rapid spread and the leadership required to ensure a healthy and safe working environment, the CCMA has issued a directive with effect from 18 March 2020 until 14 April 2020, both dates inclusive.   The CCMA...

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COVID-19 Presidential Announcement

The President’s address on the evening of 15 March 2020 set out a range of measures that have been and will have to be taken in respect of COVID-19. Specifically, under the banner of the Disaster Management Act he proclaimed a national state of disaster (Section 27)....

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New Minimum Wages from 1 March 2020

The Department of Employment and Labour have advised that the general National Minimum Wage will increase from R20 per hour to R20,76 as from 1 March 2020. This represents a 3,8% increase off the back of CPI figures. The 3,8% increase also applies to farm workers,...

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Amended CCMA Rules: Effective 01 March 2020

Despite the fact that the CCMA rules have been amended in recent times, we again find ourselves in the situation where an amendment was gazetted on 21 February 2020. The amendments will be effective as of 1 March 2020 and this article is aimed at highlighting changes...

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Cabinet send Employment Equity Amendment Bill to Parliament

Every year the Employment Equity Commission (EEC) report reflects poor transformation statistics, especially across management levels, in respect of the representation of black people, women and people with disabilities. This has largely been attributed to the fact...

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CCMA Connect, mobile application

The CCMA stated on 24 January 2020 that it launched CCMAConnect as part of its journey towards being a responsive and modern organisation that connects with its users in a smarter way. This application enables users: To check the status of their cases; Register...

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Protection of Personal Information Act

Over the holiday period the writer was advised by the chairperson, Advocate Pansy Tlakula that the Regulator intends to approach the President and request him to bring the remaining sections of the Protection of Personal Information Act (POPIA) into effect during the...

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2019, what a year on the labour front!

In our recent Annual Labour Law Update seminars - which have become one of the biggest labour law seminars in the country - we looked at a number of interesting cases and legislative amendments. The Labour Appeal Court (LAC) decision about how managers should conduct...

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Women leaders: forces to be reckoned with

Today, a woman doesn’t have to be sitting at the head of the boardroom table in a three-piece suit and high heels in order to be a leader. While this may have been the case 30 years ago, nowadays women leaders in leadership roles don’t conform to an outward...

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Employment Equity Reporting for 2019

One of the procedural requirements of Employment Equity Compliance for designated employers is the annual submission of their Employment Equity reports in the form of the prescribed EEA2 and the EEA4 forms. The 2019 Employment Equity Online and Manual reporting season...

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How business needs to respond to 11-year unemployment highs

An economic growth rate of around 0.5% - together with legislative and technological disruptions - do not bode well for the increasing number of unemployed in South Africa. The latest statistics released by Stats SA reflect the highest unemployment rates in 11 years...

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How To Make Sure Your HR Policies Are Ready for 2020

It is good practice for employers to review and audit their human resources and labour relations policies and practices annually. This is especially true when there are amendments to labour laws as well as when significant case law that has passed through from the...

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Wholesale and Retail Sector wage review

The Minister of Labour published the upward revision of 4,53% for employees who earn above the National Minimum Wage. This revision is effective from 2 August 2019 and applies to both areas A and B. For more information, view the full Government Gazette.

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Protracted and violent strikes, curbed

Violent strikes become a stark reality around this time of the year as wage and substantive negotiations deadlock in a stand-off in many instances. A weak economy, depressed consumer spending, growing unemployment and employer-employee fatigue are key contributing...

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Youth transformation and the YES initiative

Last year, the Commission for Employment Equity issued their 18th annual report. One of its findings was that the pace of transformation was not where it should be. This is extremely disappointing given that it is 20 years after the coming into force of the Employment...

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Do not take the deeming provision lightly

This article was first published in the Business Day Law and Tax Review In the first quarter of 2019, the rate of unemployment was 27.6%. At the end of the fourth quarter of 2018, this rate was 27.1%. As can be seen from these figures – which were released by Stats SA...

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Labour Law Newsflash: Derivative Misconduct case law

National Union of Metalworkers of South Africa obo Khanyile Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others [2019] ZACC 25 This matter was heard in the Constitutional Court and dealt with derivative misconduct. You can access the...

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New Critical Skills Survey

The most in-demand skills in SA may be leaving for greener pastures According to reports from emigration assistance groups and local banks, South Africa is experiencing a sharp rise in people emigrating. Pew Research estimates that at least 900,000 people born in...

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Retrenchment Mistakes Employers Must Avoid

Written by Grant Wilkinson (Global Business Solutions) and Mariana Stander (Tax Consulting South Africa) When their market shrinks, especially in a struggling economy, companies must find ways to reduce their operational costs, and retrenchment may become an...

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Amendments to the B-BBEE Codes of Good Practice

The outgoing Minister of the Department of Trade and Industry has snuck in a farewell gift to business. He signed Gazette 42496 on 9 April 2019 and they were gazetted on 31 May 2019. This gazette deals with: Amendments to Schedule 1 to the B-BBEE codes which make...

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Work-Based Learning Programme Agreement Regulations

  The Department of Higher Education and Training (DHET) promulgated the SETA Workplace-Based Learning Programme Agreement Regulations (2018) on Friday, 16 November 2018 in the Government Gazette No 42037. The new Regulations came into force on 1 April 2019,...

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Strong Leadership Required

Welcome to the next edition of the labour news flash. The recent election emphasised the need for strong leadership and the impact thereof on all types of organisations. It is often said that organisations are over-managed and under-led. The labour market provides...

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B-BBEE News snippets

I would like to briefly address a couple of matters in this mailer: Fronting and Trusts CA Sector charter   Fronting and Trusts On 23rd April 2019, there was an article in the Business Day by Carol Paton entitled “Broad-Based Trusts ‘not black ownership’”. In...

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B-BBEE News: Ownership, Fronting and the success of YES

I would like to briefly address a couple of matters in this post: Ownership and Fronting Successes of the YES programme Ownership and Fronting Black ownership in companies remains an area of concern for the dti. This is evidenced by the headlines in the Business...

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Skills Expert Mailer 3/18

There has been a hype of activity recently in the skills development landscape with a vast amount of communication from SETAs, Quality Councils and SAQA. These communications clearly indicate an improvement in sharing information with stakeholders and personally I am...

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Roadshow Notice 2018: CETA Discretionary Grants

The Construction Education and Training Authority (CETA) will be conducting provincial roadshows to provide additional information regarding discretionary grants. Please keep checking our website for updated information on this. The roadshow dates and venues are...

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Insights into the odiousness of OCD

The ill-understood condition of an obsessive-compulsive disorder (OCD) is often the butt of jokes. It raises merciless laughter from a society who views the behaviour of those who suffer the disorder to be amusing, irrational and odd. What goes unrecognised however is...

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Labour Law Newsflash 5/18

Welcome to this edition of the Labour Law Newsflash. It’s been an eventful two weeks in South African labour law. On 29 May, Parliament passed a number of amendments to pieces of legislation and an entirely new Bill which are – and will be - responsible for defining...

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