The Association of Mineworkers and Construction Union (Amcu) has challenged the inclusivity of the Section 189(1) provisions of the Labour Relations Act, arguing retrenchments are so important that everyone needs to be consulted individually. But in our view, Section 189(1) is the most practical solution and in line with the principle of majoritarianism that runs throughout SA law.
For many years, asylum seekers attempting to claim benefits from the Unemployment Insurance Fund (UIF) have routinely been turned away by the Department of Labour, despite having made contributions to the Fund during their employment.
Very often, an employee is suspended while an investigation is conducted into allegations of misconduct, or pending the holding and outcome of a disciplinary hearing. South African labour laws do not require such a suspension to be anything more than 'fair', and there is no minimum or maximum time period within which the investigation must be concluded, or in which the enquiry process finalised. However, since the suspension of an employee can be challenged as an unfair labour practice, the courts and CCMA often have to deal with challenges to an employee having been suspended.
Following from the October/November 2018 cover story of BusinessBrief - Politics and Unions: Is workplace disruption for political gain criminal? and the footnote contained in the article, the Labour Court gave a detailed judgement on the issue.
The issue arose as to whether the dismissal of an employee who refused to work contractually agreed upon days due to the tenets of her religious convictions was automatically unfair?
Legacy systems, like old habits, die hard. Should that necessarily be the case, however? Take your payroll and HR solution, for example. Yes, there are logistic reasons for using the one you’ve been using since time immemorial, but is it a smart business decision?
Payroll fulfils many roles within an organisation. Besides being responsible for employees’ compensation and ensuring that the business complies with various legislations, payroll can also drive engagement with employees. Payroll managers have many hats to wear within a business.
According to the Pew Research Centre, millennials have surpassed all other generations as the largest portion of the global workforce. This fact may be met with trepidation and discomfort from some Generation Xers (or baby boomers, as they are commonly known), who often assume millennials to be entitled, tough to manage, narcissistic, self-interested and an affront to the work ethic that is characteristic of the X generation (Gen-X).
The world is undergoing its biggest transformation ever. As emerging technologies such as Artificial Intelligence (AI) enter workplaces, human talent is grappling with an existential crisis.