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  • Article

    Challenging A Compliance Order

    This article focuses only on the second option, challenging or opposing the compliance order. When one looks at a compliance order received from the Department of Employment and Labour...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Labour Court Jurisdiction: Lessons From Legal Precedents

    The recent Labour Court matter of Independent Municipal & Allied Trade Union on Behalf of Espach v Polokwane Local Municipality (2024) 45 ILJ 308 (LC) revolves around an application...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Shop Stewards And Representation Rights: Labour Court Upholds Company Policy

    Schedule 8(4)(2) of the Labour Relations Act, the Code of Good Practice, states that an employee can be represented by a fellow employee or a union representative during a disciplinary hearing.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Nexus Between Restraint Of Trade Clauses And Unlawful Competition – A Case Study

    In our previous article, we emphasised the importance of proper employment contracts and highlighted the significance of including clauses relating to restraint of trade agreements...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Evidentiary Enlightenment: The CCMA's Revamped Rules For Effective Dispute Resolution

    In April 2023, significant amendments to the Rules of the Commission for Conciliation, Mediation and Arbitration (CCMA) came into effect. Among these amendments...
    South AfricaLitigation, Mediation & Arbitration
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Beyond The Basics: Understanding Severance Pay Calculations In South Africa

    Severance pay in South African labour legislation is primarily governed by the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA).
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Role Of The Essential Services Committee In Safeguarding South Africa's Most Vital Industries

    We have previously written about what an essential service entails and the main reasons why the Labour Relations Act (LRA) defines specific industries as "essential".
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Are You Chasing Peak Organisational Performance? Consider These 3 Focus Areas

    South Africa is a multicultural, dynamic, and ever-evolving country. This translates into the work environment that presents itself with its own unique challenges. Consequently, businesses...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Lessons From Legal Precedent: Fraudulent Medical Certificates

    Employers in South Africa have long faced challenges related to the misuse of sick leave and fraudulent activities related to the acquisition of sick leave certificates.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Zero-Tolerance – Problematic Clauses In Employment Contracts

    Upon appointment in a new position in a business or organisation, employees are usually issued employment contracts that contain a myriad of clauses, terms, and conditions.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Compliance & Collective Agreements – Lessons From Case Law

    The case National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) v Bloch N.O. offers critical insights for employers, particularly those managing incentive schemes under collective agreements.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Beware! The Agents Are Coming!

    Section 213 of the Labour Relations Act defines a collective agreement as...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Importance Of Witness Testimony At Arbitration Proceedings

    The evidentiary stage of an Arbitration hearing is a defining part of the process. What types of evidence may be relied upon, and what is the Employers' burden of proof, the value of witness testimony, and the consequences of failing to produce a witness?
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Long And Short Of Short-Time

    Short-time work, a strategic response to economic fluctuations, plays a pivotal role in South African labour law. This article aims to delve into the legal intricacies and practical considerations...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Art Of Compliance

    One of the responsibilities of the Department of Employment and Labour is to ensure that all employers adhere to the Basic Conditions of Employment Act (BCEA) and the National Minimum Wage Act (NMWA).
    South AfricaCompliance
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Divorced Or Inextricably Linked? Determining Extra-Territorial Jurisdiction

    Section 114 of the Labour Relations Act (LRA) provides that the Commission for Conciliation Mediation and Arbitration (CCMA) has the power to hear and determine a dispute between an employer...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Rising Tides: The National Minimum Wage & Keeping Your Business Buoyant

    The recent announcement by the Department of Employment and Labour to increase the National Minimum Wage (NMW) from R25.42 to R27.58 per hour, effective from 1 March 2024...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Safeguarding The Enforceability Of Settlement Agreements

    In the complex landscape of South African labour law, jurisdiction holds a pivotal role in determining the validity and enforceability of settlement agreements.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    Conducting A Feasibility Study Before Commencing Negotiations

    Employment relationships rarely remain unchanged for prolonged periods. Employer's requirements may occasionally vary, necessitating an employment contract amendment.
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation
  • Article

    The Pitfalls To Avoid During The Implementation Of Fixed-Term Contracts

    In terms of Section 198B(1) of the Labour Relations Act (LRA), a fixed-term contract is defined as "a contract of employment that terminates on the occurrence of a specified event...
    South AfricaEmployment and HR
    Consolidated Employers Organisation
    Consolidated Employers Organisation

Showing 61–80 of 146 results

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