Tag: Commission for Conciliation Mediation and Arbitration (CCMA)

Although the benefits derived from a sharing economy are substantial, there are some clear legal challenges which might warrant the imposition of restrictions on how these platforms are allowed to operate.

Section 198B of the Labour Relations 66 of 1995 (LRA) provides that fixed term employees earning less than R205,433.30 per annum (Threshold) may only be employed for longer than three months if the work they perform is of a limited or definite duration or if the employer can demonstrate any other justifiable reason for fixing the term of the contract.

Recent regulatory developments have helped to increase the pressure that communities are able to exert on mining companies. This highlights the need for companies to implement more effective negotiations with and solutions for their affected communities.

Ivan Israelstam | Chief Executive | Labour Law Management Consulting | mail me | South African statutory and case law provides heavy protections for employees. For...

In the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had been repeatedly late for work and had displayed a ‘negative attitude’.

The CCMA, empowered by s115(2A)(k) of the Labour Relations Act (LRA), enacted Rule 25 in January which allows a party in an arbitration dispute to appear in person or be represented by a legal practitioner, candidate attorney or an entitled party in terms of sub-rule 1(a).

South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices. 

Issue - Whether an employee who makes a false allegation of racism against another employee can be dismissed?

The untrained layperson cannot be expected to travel through the jungle of labour case law without a guide who has a solid labour law track record. The question is, how do you distinguish a true labour law expert from one who will lead you astray? 

Whether the recent Constitutional Court case of Minister of Justice and Correctional Services v Prince and Others, in which the private use of cannabis was declared legal, has any bearing on an employer’s ability to discipline employees for being under the influence of cannabis whilst on duty.