CEA NEWS
October 10
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…
October 10
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.
October 10
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…
August 05
Posted with compliments from SEIFSA 4 August 2016 The Chief Executive Officer / Managing Director Member companies affiliated to the associations federated to the Steel and Engineering Industries Federation of Southern Africa Dear Sir/Madam AMENDMENT TO S13A OF THE PENSION FUNDS ACT At its meeting on 1 August 2016, the SEIFSA Board directed that I…
July 18
Please note that, in accordance with the Industry Pension and Provident Fund Collective Agreement, the annual contribution increase programme gazetted on 3 August 2012 and the respective Fund Rules, the contribution rate for both funds increased from 1 July 2016. The contribution rate for both employees and employers will increase from the current 7.0% to…
June 13
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…
May 05
Court judgment issued on 4 May 2016 in the matter beween the Free Market Foundation (FMF) (Applicant) and the Minister of Labour and others, relating to the challenge to the system of collective bargaining in South Africa, and more particularly to Section 32 of the Labour Relations Act, 1995.
April 12
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…
April 01
29 March 2016 Published with compliments: SEIFSA Report Compiled By: Kaizer M. Nyatsumba, CEO On Tuesday, 29 March 2016, Business Unity South Africa (BUSA) informed its constituency, on an urgent basis, about a meeting that Finance Minister Pravin Gordhan would have with the BUSA constituency at 10am on Thursday, 31 March. The invitation was extended to the…
March 08
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)…
