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Tag: Commission for Conciliation Mediation and Arbitration (CCMA)

Dealing with an employee refusal to testify at an arbitration or...

Claire Turner | Provincial Manager | CEO | Consolidated Employers Organisation (CEO SA) | mail me | Employers might face situations where witnesses necessary for...

Does the Labour Court have jurisdiction to hear matters that have...

A recent Labour Court matter, Independent Municipal & Allied Trade Union on Behalf of Espach v Polokwane Local Municipality (2024) 45 ILJ 308 (LC) involved an application that was made under Section 158(1)(c) of the Labour Relations Act (LRA) 66 of 1995. The case involved an applicant who was employed by the municipality.

Stamping out racially charged misconduct

A recent Labour Court judgment reaffirms the court's position to support employers that dismiss employees for racial misconduct, whether casual or brazen.

Labour law – what is reasonable?

The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer is reluctant to establish a precedent of granting such large increases, then demanding such a significant raise may not be considered reasonable from their perspective.

The importance of placing the transcript of the arbitration proceedings

On 10 October 2023, we published our article titled "the importance of a complete record of arbitration proceedings" in a review application wherein the Labour Court dealt with the importance of and requirement for it to be provided with a full and proper record in review proceedings.

Navigating the tide of CCMA changes

In the ever-changing South African labour market, the Commission for Conciliation, Mediation, and Arbitration (CCMA) has adopted digital transformation to improve accessibility and efficiency. The introduction of an online portal streamlines CCMA referrals, accommodating modern communication demands.

Consequences of employees misrepresenting their qualifications

Whether an employee may be dismissed if he/she misrepresented his/her qualifications and/or professional memberships, but nevertheless met the minimum requirements of the position to which he/she was appointed.

Potential retrenchees entitled to representation

The law makes it compulsory for employers to consult with the potential retrenchees or with their representatives before deciding to retrench. Despite this, employers often refuse to allow the employees to bring external representatives to the consultation meetings.

Artificial intelligence needs a human counterbalance in HR

Artificial intelligence (AI) provides a service to HR, but shouldn’t replace people as a way of handling human resources within the business. AI has dominated business conversations in 2023 – the dangers of using a generative AI such as ChatGPT when it comes to content and communication, the dangers of artificial generative intelligence (AGI) within society and, of course, the use of AI across multiple touchpoints within the business itself.

Beware cancelling concluded employment contracts

The courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet started work. For example, in the case of Wyeth SA (Pty) Ltd vs Manqele (People Dynamics, September 2003 page 39). Manqele was offered a position by the employer as a sales rep.


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