Labour Law Blog

THE LABOUR RELATIONS ACT PREVAILS

Should there be a conflict between two pieces of legislation, then in terms of Section 210 of the Labour Relations Act 1995, it clearly states that the Labour Relations and its provisions will prevail. An interesting issue arose in terms of the Competition Act, where it is necessary for a business to advertise that certain employees will lose their jobs if a merger or take-over takes place. This however cannot […]

Continue Reading


Commission For Conciliation Mediation & Arbitration

CCMA Rules The CCMA is a statutory body which was set up by the Labour Relations Act. The CCMA rules has been structured to enable the parties to use the CCMA effectively. These rules are to be interpreted and applied in a spirit that will enhance and facilitate the work of the Commission. In essence, these rules have to be administered in a fair and structured manner and they must […]

Continue Reading


AUTOMATICALLY UNFAIR DISMISSALS

It is automatically unfair if the Employer dismisses an Employee because that Employee had participated in or supported strike or protest action. If this strike or protest action was in terms of the Legislation, then that Employee is to be protected. Furthermore, if any Employee took action or indicated an intention to take action against the Employer, exercising his rights in terms of the Legislation by participating in proceedings in […]

Continue Reading


Who has the Protection of our Labour Legislation?

Question for today: Who has the Protection of our Labour Legislation? There is a heated debate about who is an employee. There are guidelines, both in the Basic Conditions of Employment Act and the Labour Relations Act for determining whether persons are employees or not. The employment relationship is a complex and sometimes convoluted relationship which both employers and employees try to disguise. There was often a call by employees […]

Continue Reading


Sick Leave, Sick Certificates – Problems arising therefrom

We have had many queries over the last few months with regard to fraudulent sick certificates, unreadable and unintelligible and even unsigned sick certificates. We are also faced with numerous queries for sick leave with regard to sick certificates from non-medical practitioners and even nurses and sangomas. Any employee who is away from work for more than 2 consecutive days or on more than 2 occasions during an 8-week period […]

Continue Reading


CONSTRUCTIVE DISMISSAL – BEFORE DISCIPLINARY HEARING

A common occurrence is when employers approach an employee prior to a disciplinary hearing and offer to allow that employee to resign instead of “facing the music”. This in itself is not unfair and certainly does not constitute a constructive dismissal. The employee must prove in constructive dismissal circumstances that the situation had become absolutely intolerable. In an interesting arbitration award Charles Matlala vs Debt Control Management, it was held […]

Continue Reading


DISSATISFIED WITH YOUR RESULTS FROM THE CCMA

Often we receive phone calls from Companies who had decided to go to arbitration at the CCMA and to represent themselves. This arbitration, on some occasions, turned nasty and they have had to either reinstate the employee or pay damages. The Companies ask us to launch an Appeal as they are not satisfied with either the process or the outcome. We have, on many occasions, explained that there is no […]

Continue Reading


JURISDICTION OF CCMA

It must be remembered by everyone that an approach to the CCMA can only be made with regard to disputes of right. Right is defined by the Basic Conditions of Employment Act and by specific legislation. One cannot approach the CCMA or have a dispute heard by them or when a person has an interest in something. For example you cannot go to arbitration for a salary increase. We often […]

Continue Reading


AFTERMATH OF RETRENCHMENT AND RESTRUCTURE

An interesting piece of research was done for the British Medical Journal where it was stated that employers and occupational health staff should recognize the risk when a major down-sizing had taken place. In other studies where 18% of local government personnel were retrenched it was found that there was an enormous increase of cardio vascular disease, and in fact it posed a severe risk to health. It was quite […]

Continue Reading


SICK LEAVE

An interesting article appeared in our Press recently stating that chronic health conditions are often not as bad as the attendance record of those who are merely malingerers. Sick leave is done on a three-year cycle and in fact an enormous amount of this sick leave is often taken for no reason whatsoever. It should be noted that the legislation recommends a sick certificate for 2 days or more but […]

Continue Reading


How can we help you with your labour related issue?