Employee VS Employment Contractor

The term “employee” is defined in the Labour relationship Act of 1995, the Basic Conditions of Employment Act of 1997 and other labour related legislation. However, the term “independent contractors” is not defined in any legislation. In general terms, an independent contractor is someone who independently renders specified services, or produces specified products or results, to a number of clients. It is critical to distinguish between employees and independent contractors […]

CCMA CASE LOAD

In the 12 months to March 31, 2011, the Cape town CCMA received 18660 cases referred to it. This amounts to 12 percent of the national case. Alleged unfair dismissals continue to dominate the CCMA’s case load, amounting to, as has historically been the case, 80 percent of all cases referred. The remaining 20 percent of labour disputes referred relate to such issues as alleged unfair labour practices, wage disputes, […]

Domestic Workers Wages 2011 – Wage Tables

Minimum Wage for Domestic Workers 2011 The domestic workers salary in 2011 is described in the Domestic Workers Act. This act sets out domestic workers wages 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 […]

What is Unfair Labour Practice?

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 […]

CCMA ANNUAL REPORT 2009/2010

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; • […]

CCMA | Commission for Conciliation Mediation and Arbitration

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 […]

Sexual Harassment at Work

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 Plight of Domestic Workers

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 […]

Fixed Term Employment Contracts

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 […]

IS AN ESTATE AGENT AN EMPLOYEE

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 […]

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