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Domestic Workers Wages 2011 – Wage Tables
Apr 9th
Minimum Wage for Domestic Workers 2011
The minimum wage for domestic workers in 2011 is described in the Domestic Workers Act. This act sets out Minimum Wages for Domestic Workers in South Africa and specifies working conditions such as hours of work, overtime pay, salary increases, deductions, annual and sick leave. It applies to the estimated 1 to 1.5 million workers in the country who work as domestics, gardeners, childminders (including drivers of children) and those who look after the sick, aged or disabled in private homes. The legislation also covers Domestic Workers who work as independent contractors
What are the minimum wage for domestic workers in 2011?
A domestic worker is a gardener, driver or person who looks after children, the aged, sick, frail or disabled in a private household, but not on a farm. This is the view taken in the Unemployment Insurance Contributions Act, 2002 (Act No. 4 of 2002).
The Domestic Workers’ Act for domestic workers wages 2011
The Domestic Workers’ Act sets out minimum domestics workers wages 2011 and specifies working conditions such as hours of work, overtime pay, salary increases, deductions, annual and sick leave.
This legislation also lists the urban areas (classified as A Areas) where one minimum wage applies. A second minimum wage applies to domestic workers in non-urban areas (B Areas).
To whom does the Domestic Workers Act apply?
To the estimated 1 to 1.5 million workers in the country who work as domestics, gardeners, childminders (including drivers of children) and those who look after the sick, aged or disabled in private homes. The legislation also covers domestic workers who work as independent contractors.
Table 1 Minimum domestic workers wages 2011is for domestic workers who work more than 27 ordinary hours per week
Area A
Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality, Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.
Domestic Workers Wages 2011
Minimum rates for the period 1 December 2008 to
30 November 2009 Minimum rates for the period
1 December 2009 to
30 November 2010 Minimum rates for the period
1 December 2010 to 30 November 2011
Hourly Rate (R ) 6.88 Hourly Rate (R ) 7.40 Hourly Rate (R ) 7.72
Weekly Rate (R ) 309.60 Weekly Rate (R ) 333.13 Weekly Rate (R ) 347.79
Monthly Rate (R ) 1340.95 Monthly Rate (R ) 1442.86 Monthly Rate (R ) 1506.35
Wages in Area A will be subjected to a CPIX plus 1% increase for the period 1 December 2010 to 30 November 2011. The CPI (excluding Owners Equivalent Rent) six weeks prior to 1 December 2010 has been 3,4%.This means that wages for this period was calculated as follows: CPI (excluding owners’ equivalent rent) plus 1% for Area A = 3,4% + 1% =4.4%.
Domestic Workers Wages 2011
Area B
Areas not mentioned in Area A
Minimum rates for the period 1 December 2008 to 30 November 2009 Minimum rates for the period 1 December 2009 to 30 November 2010 Minimum rates for the period 1 December 2010 to 30 November 2011
Hourly Rate (R ) 5.63 Hourly Rate (R ) 6.11 Hourly Rate (R ) 6.44
Weekly Rate (R ) 253.35 Weekly Rate (R ) 275.14 Weekly Rate (R ) 290.00
Monthly Rate (R ) 1097.40 Monthly Rate (R ) 1191.78 Monthly Rate (R ) 1256.14
Wages in Area B will be subjected to a CPIX plus 2% increase for the period 1 December 2010 to 30 November 2011. The CPI (excluding Owners Equivalent Rent) six weeks prior to 1 December 2010 has been 3,4%.This means that wages for this period was calculated as follows: CPI (excluding owners’ equivalent rent) plus 2% for Area B = 3,4% + 2% =5.4%.
Table 2 Minimum domestic workers wages 2011 for domestics who work 27 ordinary hours per week or less
Area A
Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality, Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.
Minimum rates for the period 1 December 2008 to 30 November 2009 Minimum rates for the period 1 December 2009 to 30 November 2010 Minimum rates for the period 1 December 2010 to 30 November 2011
Hourly Rate (R ) 8.12 Hourly Rate (R ) 8.74 Hourly Rate (R ) 9.12
Weekly Rate (R ) 219.24 Weekly Rate (R ) 235.90 Weekly Rate (R ) 246.30
Monthly Rate (R ) 949.97 Monthly Rate (R ) 1022.17 Monthly Rate (R ) 1067.15
Wages in Area A will be subjected to a CPIX plus 1% increase for the period 1 December 2010 to 30 November 2011. The CPI (excluding Owners Equivalent Rent) six weeks prior to 1 December 2010 has been 3,4%.This means that wages for this period was calculated as follows: CPI (excluding owners’ equivalent rent) plus 1% for Area A = 3,4% + 1% =4.4%.
Area B
Areas not mentioned in Area A
Minimum rates for the period 1 December 2008 to 30 November 2009 Minimum rates for the period 1 December 2009 to 30 November 2010 Minimum rates for the period 1 December 2010 to 30 November 2011
Hourly Rate (R ) 6.65 Hourly Rate (R ) 7.22 Hourly Rate (R ) 7.60
Weekly Rate (R ) 179.55 Weekly Rate (R ) 194.99 Weekly Rate (R ) 205.52
Monthly Rate (R ) 778.00 Monthly Rate (R ) 844.90 Monthly Rate (R ) 890.52
Wages in Area B will be subjected to a CPIX plus 2% increase for the period 1 December 2010 to 30 November 2011. The CPI (excluding Owners Equivalent Rent) six weeks prior to 1 December 2010 has been 3,4%.This means that wages for this period was calculated as follows: CPI (excluding owners’ equivalent rent) plus 2% for Area B = 3,4% + 2% =5.4%.
Please contact Bernard Reisner on bernard@capelabour.co.za for questions about the minimum wage for domestic workers in 2011
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
Download our Domestic Worker Contract
What is Unfair Labour Practice?
Apr 7th
Unfair Labour Practice
Unfair Labour Practice as defined by Department of Labour
Unfair Labour Practice means any unfair act or omission that arises between an employer and an employee involving:
a) Unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee;
b) The unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee;
c) A failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement; and
d) An occupational detriment, other than dismissal, in contravention of the Protected Disclosure Act, 2000 (Act No. 26 of 2000), on account of the employee having made a protected disclosure defined in the Act.
Unfair Labour Practice – Promotion
Many arguments arise in the workplace regarding promotion to an existing post, perhaps upon retirement or resignation of the existing incumbent, or even to a newly created post.
Most employees are of the opinion that because they are already employed by the employer, or because they are already employed in that particular department, or have a number of years experience in the post just below the vacant post, that they are entitled to be promoted, or that they have an entitlement to receive preference above any other applicants. They often feel therefore that it is unfair labour practice when the dont get the position
This is not so. An employee does not have any legal entitlement to be promoted to a higher post, therefore it cannot be seen as Unfair Labour Practice. If there are conditions contained in the employment contract regulating promotion, then of course the employee could make a claim in terms of those conditions.
Employers are perfectly free to choose who they will appoint to any vacant post, whether it is a promotion or not. So this should not be seen as unfair labour practice
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
Cape Labour & Industrial Consultants, headed by Bernard Reisner, has provided Employment Law (Industrial Relations) services to employers across all market segments and industries since 1987.
Cape Labour is service-orientated and strives to provide its clients with professional and cost effective advice, both in respect of the applicable laws and of a practical nature in order to present holistic solutions to all Labour related matters and unfair labour practice.
Bernard Reisner combines expertise in his field, and an outstanding knowledge of Labour law principles and issues, with a superb ability to communicate and meet his clients’ unique needs.
Bernard has a unique insight into all aspects of workplace issues and is able him to assist his clients with the best possible advice from a legal and practical perspective.
For further information on unfair labour practice any other labour related matters, you can contact Bernard Reisner (Contact Details above)
CCMA Contact Details
Apr 5th
About CCMA Cape Town
The advent of the new Labour Relations Act (LRA) has raised expectations about the fundamental change in the nature of South African labour relations and of effective dispute resolution and collective bargaining in particular.
CCMA Cape Town
For many observers, the replacement of the Industrial Court by the CCMA signals a shift from a highly adversarial model of relations to one based on promoting greater co-operation, industrial peace and social justice. The apparent shift seems all the more plausible as an unfolding democratisation process intersects with the challenges of a highly competitive globalised economy, new forms of work organisation and participative decision making.
CCMA Contact Details
Tel: (021) 469-0111
Fax: (021) 465-7193/7, 465-7187/462-5006
Email: ctn@ccma.org.za
Physical Address: CCMA House
78 Darling Street, Cape Town 8001
Postal Address: Private Bag X9167, Cape Town 8000
Directions to CCMA Cape Town: Right into N2 (Settlers) – Continue Along N2 Highway – Right into Eastern Boulevard – Right into Strand Street- Continue Along Strand Street (R102) – Left into Buitenkant Street (M59) – Left into Darling Street (M4)
View Regional CCMA Contact Details :
CCMA Contact Details
For further information on Unfair Labour Practice or any labour related matters, you can contact Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
CCMA ANNUAL REPORT 2009/2010
Mar 28th
Functions of the CCMA
The CCMA’s statutory functions are set in the Labour Relations Act, 66 of 1995 (the LRA), are divided into those which are compulsory and those which are discretionary.
The CCMA’s compulsory statutory functions are to –
• Conciliate workplace disputes;
• Arbitrate certain categories of disputes that remain unresolved after conciliation;
• Establish picketing rules;
• Facilitate the establishment of workplace forum and statutory councils;
• Compile and publish information and statistics about our activities;
• Accredited and consider applications for subsidy by bargaining councils and private agencies; and
• Provide support for the Essential Services Committee.
The CCMA’s discretionary statutory functions are to –
• Supervise ballots for unions and employer organisations;
• Provide training and information relating to the primary objective of the LRA;
• Advise a party to a dispute about the procedures to follow;
• Offer to resolve a dispute that has not been referred to the CCMA; and
• Publish guidelines on any aspect of the LRA and to make rules.
During the 2009/2010 financial year, a total of 153 657 disputes (cases) were referred to the CCMA, an average of 617 new referrals every working day.
Unfair dismissal disputes continued to account for the largest percentage of issues in dispute. During the financial year under review, these disputes accounted for 81% of the total cases received.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
CCMA | Commission for Conciliation Mediation and Arbitration
Mar 10th
The CCMA (Commission for Conciliation, Mediation and Arbitration) is an independent body established by law to carry out a range of dispute resolution and prevention functions. The CCMA’s vision is to promote social justice and economic growth through the transformation of workplace relations.
WHAT DOES THE CCMA DO?
The CCMA:
• Conciliation workplace disputes;
• Arbitrates disputes that remain unresolved after conciliation;
• Offers advice and training on a variety of subjects, including:
- How best to process cases and use the CCMA’s dispute resolution processes,
- Model workplace procedures and their application resolution of workplace conflict,
- Establishment of collective bargaining structures,
- Designing and establishing workplace forums,
- Employment equity programmes,
- Workplace restructuring;
• May offer to resolve disputes prior to referral to the CCMA in certain circumstances;
• Compiles and publishes information and statistics about its activities;
• Considers application for accreditation and subsidy of bargaining councils and private agencies.
HOW DO I REFER A DISPUTE TO THE CCMA?
If it is a dismissal dispute, make sure you complete the required forms and refer your dispute to the CCMA for conciliation within 30 days of the date of dismissal or, if it is later date, within 30 days of the Employer finally deciding to dismiss you or uphold your dismissal. If it is an unfair labour practice dispute, refer your dispute to the CCMA within 90 days of the unfair labour practice or with in 90 days of you becoming aware of what you believe is an unfair labour practice.
The 30 or 90 days are calculated by counting all days, including weekends and public holidays. Ensure that you refer your case in time. Complete and serve the CCMA referral form (LRA 7.11) correctly. You may ask your nearest CCMA office to help you complete the form.
HOW TO SERVE AND FILE THE CCMA REFERRAL FORM?
The completed CCMA referral form must first be sent to the other party. This can be done in the following ways:
- By handing a copy of the form to the other party;
- By faxing the form to the other party
- By sending a copy of the form to the address of the other party by registered mail.
When filing the referral form the CCMA, proof that you have sent the form to the other party must be attached. This proof can consist of:
- If hand delivered – a copy of the receipt signed by or on behalf of the other party, which must include the name and the title of the person who received the form and the place, time and date of receipt;
- If faxed- a copy of the fax transmission report showing that all the pages of the form were faxed to the other party;
- If sent by registered post – a copy of the registered mail slip.
PROCESSES CONDUCTED BY THE CCMA
Pre-conciliation: This is an informal telephonic hearing. A commissioner will contact the parties and will try to resolve the matter telephonically.
Conciliation: A conciliation hearing is a process where commissioner (or a panelist in the case of a bargaining council or agency) meets with the parties in a dispute and explores ways to settle the dispute by agreement.
Arbitration: Arbitration is a more formal process than conciliation. The commissioner investigates the demands and counter demands of both parties and decides on a final settlement in the form of an arbitration award. The award is imposed on the parties after hearing the evidence. The award is legally binding on both parties.
Con-arb: The con-arb process is a two stage process. The first stage of the process is the conciliation process (explained above). Should the matter not be resolved in conciliation, the arbitration stage proceeds immediately thereafter. Parties a con-arb are therefore advised to attend the hearing with all their witnesses and the documentary evidence they will need to prove their case. A party to a con-arb process may object to the con-arb hearing by filing or sending a letter to the CCMA and the other party stating that they object to the con-arb process. This objection must be delivered 7 days before the hearing.
WHAT TO EXPECT AT CONCILIATION HEARING OR PRE-CONCILIATION?
Conciliation is a private and confidential informal process. An independent commissioner assists the disputing par ties to reach an agreement. It is a quick and inexpensive way of settling disputes.
During the process, parties are allowed to share information and suggest ways of settling the dispute themselves. The commissioner may also suggest and explore settlement ideas.
In a conciliation hearing you may attend or be represented only by:
- A director or employee of that party; or
- Any member, office bearer or official of your registered trade union or employers’ organisation.
You cannot be represented by a consultant or an attorney at conciliation.
The CCMA might first try to resolve the issue by telephone be prepared to participate in a telephonic conciliation.
WHAT TO EXPECT AT AN ARBITRATION OR CON-ARB HEARING?
Arbitration is a more formal process. The commissioner makes a decision on the outcome of the dispute. The decision is given to the parties in writing in the form of an arbitration award. The award is made after hearing evidence from the parties, and is binding.
Prior to the arbitration hearing, prepare the evidence you will lead. Decide which issues are in dispute, which issues are not and the relief you want. Put together all the important documents and make copies for the arbitrator and the other party.
At the arbitration hearing you may attend in person or be represented only by a legal practitioner; a director or employee of the party; or any member, office bearer or official of your trade union or registered employers’ organisation.
If the dispute is about the fairness of a dismissal, the parties my not be represented by a legal practitioner unless the commissioner and all other parties agree, or the commissioner decides that it would not be fair to expect a party to deal with the dispute without a legal representation.
During the process, you and the other party will be allowed to call witnesses and cross-examine each other’s witnesses.
Con-Arb means that the conciliation and arbitration are held together, with the arbitration stage following immediately after the conciliation stage of the process. Therefore, if a con-arb has been scheduled, the arbitration hearing will be held immediately after the conciliation, without you having to fill in a separate CCMA form requesting arbitration.
If a con-arb has not been scheduled, and settlement is not reached at the conciliation hearing and you want to continue with your case, you need to complete the CCMA referral form requesting arbitration.
• A con-arbwill always be scheduled if an employee on probation wants to refer a dismissal or unfair labour practice dispute.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
For nay help on CCMA cases please contact Bernard Reisner on details above – CCMA Forms can be downloaded here
Sexual Harassment at Work
Feb 24th
What is the appropriate sanction for sexual harassment at Work?
In most cases, an employer would simply convene a disciplinary enquiry, and if the facts are indeed proven, dismiss the employee who is found guilty of sexual harassment at work.
Sexual Harassment at Work Information
Sexual harassment is the most heinous misconduct that plagues a workplace; not only is it demeaning to the victim, it undermines the dignity, integrity and self-worth of the employee harassed. The harshness of the wrong is compounded when the victim suffers it at the hands of his/her supervisor. Sexual harassment goes to the root of one’s being and must therefore be viewed from the point of view of a victim: how does he/she perceive it, and whether or not the perception is reasonable. In the circumstances, I believe, to force conciliation or mediation between the perpetrator and the victim further compounds the wrong.
Therefore, unless the victim agrees to any other form of resolution of a complaint of sexual harassment at work the employer should hold a disciplinary hearing against the perpetrator. A disciplinary hearing must however, be proceeded with, with the victim’s cooperation, where the victim, having raised the complaint, is uncomfortable with proceeding with any process whether formal or informal the employer must find a way to deal with the issue lest he be found culpable for failing to deal with the matter. In the latter case some form of counseling for the victim might be appropriate if the employer is of the means of providing it.
Related Sexual Harassment Article – Sexual Harassment- Has the employer done enough?
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
For all of your Sexual Harassment at Work Enquiries, please contact Bernard Reisner using details above.
THE PLIGHT OF DOMESTIC WORKERS
Jan 28th
THE PLIGHT OF DOMESTIC WORKERS
Generally, the plight of domestic workers are seen to be an exploited sector and such exploitation is continuing unabated today. Despite the legislation that has been promulgated to protect domestic workers since 1992, the laws are being flouted as can be seen in the Domestic Worker Sector blitz carried out by the Labour Inspectors of the Department of Labour in the Western Cape, during the period 17 January 2011 to 21 January 2011. Of the 215 households inspected only forty eight percent complied with labour laws.
Numerous employers were not issuing pay-slips, had not drafted contracts of employment for their domestic workers nor were they contributing to the Unemployment Insurance Fund. This Fund has been established to provide short-term relief to workers, subject to certain conditions, when they become unemployed, or are unable to work because of illness, maternity or adoption leave and also to provide relief to the dependants of deceased contributors.
In terms of the Sectoral Determination7: Domestic Worker Sector legislation, employers are required to pay their domestic workers a minimum wage of R7.72 per hour for those domestic workers who work more than 27 ordinary hours per week or have to pay a monthly rate of R1506.35. These rates are applicable from 01 December 2010 to 30 November 2011.
On the other hand, the minimum wages for domestic workers who work 27 ordinary hours per week or less is R9.12 per hour or R1067.15 per month. The abovementioned rates of pay apply to domestic worker in urban municipalities
Employers that fail to comply with labour laws applicable to the plight of domestic workers will be issued with a written undertaking by the Labour Inspector, which the employer has to sign, agreeing to comply with all breaches of the law. If the employer continues to flout the laws the Inspector will issue a compliance order, which will result in enforcement by the Labour Court should employers fail to honour these undertakings.
For further information on a Domestic Worker Contract or any labour related matters, you can contact Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
FIXED TERM EMPLOYMENT CONTRACTS
Dec 20th
Employment Contracts
An employer may rely on fixed term employment contracts to provide it with the flexibility it wants.
After all, these contracts are neat and tidy: they begin at a certain point and end at a certain point often, no notice of termination is necessary as the contract determines its own termination.
But as useful as these contracts may be, their termination may well contain a considerable sting in the tail, as employees argue (with some success these days) that they had a reasonable expectation that the contracts would be renewed.
For further information on any labour related matters and employment contracts, you can contact Bernard Reisner:
IS AN ESTATE AGENT AN EMPLOYEE
Dec 20th
IS AN ESTATE AGENT AN EMPLOYEE?
Perhaps it’s the use of the word “agent”, but we often seem to regard estate agent not as employees. Instead, relying on the language, we regard them as being independent contractors. This may be misleading, as a recent decision of the Labour Court shows. At the beginning of conciliation procedures in respect of an unfair dismissal, the estate agency objected and said that the CCMA did not have jurisdiction because the agent was not an employee. It was specifically provided for in the agreement between them that it was not an employment relationship. Applying the dominant impression test, however, the Labour Court came to conclusion that the balance of probabilities favoured the agent: she was indeed an employee of the agency and the CCMA did have jurisdiction.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
OPTING OUT OF THE LRA’S DISPUTE RESOLUTION PROCESSES
Dec 20th
One of the most important functions of a bargaining council is the resolution of disputes between an employer and an employee. But what happens if the employer and the employee also agree, in the contract of employment, that any dispute that arises between them will be referred to private arbitration? Would this mean that the bargaining council would no longer have jurisdiction to arbitrate a dispute such as an unfair dismissal dispute? In one case, a bargaining council arbitrator concluded that such a contractual provision effectively excluded the bargaining council’s jurisdiction. Not so, said the Labour Court: that clause would be invalid because the employer and the employee cannot opt out of the collective agreement.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za