Category: Labour Briefs

How to deal with desertion!

09th November 2016 LABOUR BRIEF NO. 396 This question still baffles many employers – and not only employers, but let us say it baffles many people. The employee has “disappeared.” Up comes the question “the employee” has deserted. When am I entitled to dismiss?”

Unsigned Contracts, What to Do!

09th September 2016 LABOUR BRIEF NO. 394 Contrary to popular belief there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations…

Courts Getting Stricter on Retrenchments

09th August 2016 LABOUR BRIEF NO. 393 When presiding over unfair retrenchment cases our courts have started to look much more closely than before at: • The circumstances of each case and • Whether there could have been some way of saving jobs • Whether the employer tried hard enough to save jobs.

Can you retrench a fixed-term employee?

06th July 2016 LABOUR BRIEF NO. 392 As an employer, you know you have the right to retrench employees. But you probably didn’t know it’s completely different when it comes to a fixed-term employee… You can’t just retrench fixed term employees! Unless you include a clause in the contract saying you can end the contract before…

Employment Equity Amendment Act (EEA) –Unfair discrimination and employment

09th May 2016 LABOUR BRIEF NO. 390 On the 01st August 2014, the ‘new’ (EEA) became law and so into effect.  This Act classifies unfair discrimination in the workplace.  Of the most important aspects of such discrimination dealt with by the (EEA), is that referring to differing terms and conditions of employment? In this regard, there…

Protection of Employee data: Protection of Personnel Information Act (POPI)

09th April 2016 LABOUR BRIEF NO. 389 Numerous “information” legislation, including Kind (3) and other Government guidelines, are very clear about the onus and obligations of Employers/Business to ensure that personal and personnel information is adequately protected and confidential. Of the most onerous of these is of course the (POPI) Act! This Act hold non-compliant…

New CCMA Guidelines

In the matter: Chirwa v Transnet Ltd (Ref: 2009 (4) BALR 350) a dismissal was found to be “procedurally” unfair due to the bias of the presiding officer (Chairperson). The reason for this finding included; • Employer attempt to dismiss the accused (employee) regardless of consequences. • Employer assigned the role of chairperson (presiding officer)…

All about the FIXED-TERM Contract (FTC): Since January 2015 and on?

(Q)     Must (FTC’s) have an end date? (A)    No!  The “end date” may also be determined by; a) An event reached or materialising, b) A task completed. Labour Relations Amendment Act: The term ‘fixed-term contract’ was given more substance by the amendments to the Labour Relations Act. These amendments came into effect on 1 January…

TES Industry Research into Job Losses criticized

The amendment to Section 198 of the Labour Relations Act made provision for employees of labour brokers to be deemed permanent workers of the end client after three months. On the basis of a survey undertaken by industry association the Confederation of Associations in the Private Employment Sector (Capes), Prof Bhorat says after the change…