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February 10

‘Substantively unfairly dismissed’ employees may not always be reinstated’

February 2020 LABOUR BRIEF NO. 424 Sections 193(1) and (2) of the Labour Relations Act list a hierarchy of remedies available to employees who are found to have been substantively unfairly dismissed in arbitration hearings. On the one hand retrospective reinstatement is a remedy limited to cases of substantively unfair dismissal.  On the other hand,…

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November 28

UIF Gears Up for Parental Leave and Benefits

December 2019 LABOUR BRIEF NO. 423 (Michael Yeates and Arlina Ramothar) On 1 November 2019, s8,11,15 and 16 of the Labour Laws Amendment Act 10 of 2018(Act) comes into effect The amendments see the much awaited implementation of parental benefits in terms of the Unemployment Insurance Act 63 of 2001 (UIA). The Act provides that…

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November 14

Discussing the TES Industry on Teemaneng Stereo

With the objective to further disseminate accurate information about Temporary Employment Services (TES) and what  these really are, Kevin Cowely joined the conversation on the subject on Teemaneng Stereo.CAPES_Interview

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November 11

Is an employer restricted to the categorisation of the charges during the disciplinary proceedings.

November 2019 LABOUR BRIEF NO. 422 Written by: Fiona Leppan, Bheki Nhlapho & Kgodisho Phashe (Cliffe Dekker Hofmeyr) Procedural fairness in disciplinary proceedings requires an employee to be made aware and understand the charges against him. This is not only to assist the employee in deciding how to plead but also to ensure that the…

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October 17

Can SA adapt to the 4IR?

The Fourth Industrial Revolution (4IR) refers to the various technological advancements including, digitisation, robotics, virtual reality, and artificial intelligence impacting the globe. This new reality has a distinct and disruptive impact on the workplace and specifically the workforce, as technology replaces repetitive, manual and process-driven work and imposes new skills set requirements on workers. A…

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October 16

What Constitutes a Temporary Employment Service?

October 2019 LABOUR BRIEF NO. 421 In CHEP South Africa (Pty) Ltd v Shardlow NO and Others [2019] 5 BLLR 450 (LC), 201 workers were employed by Contracta-Force Corporate Solutions (Pty) Ltd (C-Force) to repair wooden pallets on behalf of CHEP South Africa (Pty) Ltd (CHEP). The workers, claiming that C-Force was a temporary employment…

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September 17

Employment Interview with Natalie Singer on Jozi FM

Natalie Singer; Public Relations Manager of Confederation Of Associations In The Private Employment Sector (CAPES) on the Jozi FM airlines with Moshe Maswanganyi. Together they tackled issues of employment and everything around protection of job seekers from scammers. listen more on this by following link: https://bit.ly/2kl91bf

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September 10

No Freedom to Falsely Criticise Your Employer in the Media (Cliff Dekker Hofmeyer – Jose Jorge and Steven Adams)

September 2019 LABOUR BRIEF NO. 420 In the matter of Joseph Nzimande and two others v Didben NO and Others, the applicants were dismissed for making false statements to the media, bringing the name of their employer into disrepute and failing to obey an instruction to them to raise their grievances through the recognised internal…

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August 20

LRA AND DEEMING PROVISION (Business Day July 2019)

7 August 2019 LABOUR BRIEF NO. 419 In the first quarter of 2019 the unemployment rate was 27.6%. At the end of the fourth quarter of 2018 it was 27.1%. As can be seen, the number of people without jobs is remaining static around the 27% mark The Temporary Employment Services (TES) market has provided…

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July 07

Lying about qualifications on a CV could lead to jail time

7 July 2019 LABOUR BRIEF NO. 418 The National Qualifications Amendment Bill has recently been passed, and if President Cyril Ramaphosa accepts it, it means that candidates who misrepresent their qualifications on their CV can get jail time. This bill aims to ensure that people are adequately qualified for the positions they apply for. Lying…

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