Tag: Commission for Conciliation Mediation and Arbitration (CCMA)
Navigating fixed-term contracts – a word of caution for employers
In South Africa, labour law is designed to protect employees from unfair dismissal. The Commission for Conciliation, Mediation and Arbitration (CCMA) requires employers to tread carefully, especially when navigating fixed-term contract terms.
Workplace harassment and management – navigating the fine line
Employers and managers have the prerogative to set workplace rules and standards, including performance standards. Oftentimes, managers come across as being harsh, bullish, dismissive, or overly critical when attempting to enforce certain workplace standards.
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.
