27 September 2017: National Stay-Away Campaign

The Congress of South African Trade Unions (COSATU) has called on all workers to stage a socio-economic strike, or a national stay-away, on Wednesday 27 September. It results from a Section 77 Notice issued by COSATU in July 2017 to Nedlac, which was approved by Nedlac in August. Section 77 relates to the S77 of the Labour Relations Act which … Read More

Resignation

Remember – before you resign from your job, think carefully about your decision. In the recent matter of Bawsi Agricultural Workers Union of South Africa on behalf of Hansen vs Standard Bank, the CCMA found that the employee, Ms Hansen, had unilaterally resigned and was required by the Bank to work out her notice. A little bit of history. The … Read More

Dismissal for Unprotected Striking

An unprotected strike is a strike that is not given any legal standing. It includes withholding labour, refusing to carry out instructions or stopping work and being disruptive in order to gain something from the Employer. In the matter of National Union of Mineworkers v Power Construction (Labour Court judgement delivered July 2016), the employees embarked on refusing to work, … Read More

CCMA: Means test for assistance with enforcement of CCMA awards

Press Statement dated 29 June 2017 Employees who have had awards issued in their favour but cannot afford the costs of enforcing or executing the awards (the sheriffs’ fees) can now approach the CCMA for assistance. This service is only intended for those employees who are too indigent to afford the costs of enforcement or execution. The CCMA has deemed … Read More

Late Application – What’s reasonable?

Review of condonation ruling – Commissioner has a sole discretion to decide on the condonation application – good cause inquiry is not only limited to the degree of lateness, explanation for the delay, prospects of success, and prejudice, – condonation ruling may be decided using the reasonableness test. Late applications have, till now, only had to deal with, inter alia, … Read More

Jurisdiction of the CCMA

Employees dismissed for contravening employer’s disciplinary code – stole watermelons belonging to a client. CCMA confirmed dismissals after they lodged unfair dismissal claim. Employees took the decision of the CCMA on review in the Labour Court, challenging the award on the validity of their dismissal as well as challenging the validity and lawfulness of the General Manager’s decision to overturn … Read More

PRESCRIPTION ACT in LABOUR RELATIONS

The recent Constitutional Court matter of Myathaza v Johannesburg Metropolitan Bus Services (SOC) Limited t/a Metrobus and Others (2016) ZACC 49 (15 December 2016) is of importance. The employee was dismissed in 2009, the arbitrator ordered reinstatement. The employer took the award on review, but did not drive the matter to its conclusion. This might have been tactic in the … Read More

Wage Determinations

In a previous publication we talked about Sectoral Determinations which included minimum wages. Here are some you should be aware of. CONTRACT CLEANING SECTOR: 1 DECEMBER 2016 TO 30 NOVEMBER 2017 Metropolitan Councils – City of Cape Town, Greater East Rand Metro, City of Johannesburg, Tshwane and Nelson Mandela Bay Local Councils – Emfuleni, Merafong, Mogale City, Metsimaholo, Randfontein, Stellenbosch … Read More

UBER : TECHNOLOGY OR EMPLOYER

The world of work is changing, fast.  A recent UK Employment Tribunal judgement (Aslam & Others v Uber BV & Others) broke new ground.  It ruled that London Uber drivers are “workers” and therefore subject to employment law.  The judgement followed a landmark class action in the USA, where those Uber drivers claimed employee status – however, in the US, … Read More

PENSION AND PROVIDENT FUNDS SPONSORED BY THE EMPLOYER

This news is important for EMPLOYERS and EMPLOYEES!   Many companies offer the benefit of a Provident Fund or Pension Fund to their qualifying employees.  The Rules of the Fund will determine who is able to join, but mostly it’s people over 18 and under 55 years of age when they join.   Anyway, lots of employers are opting to … Read More