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Tag: Labour Relations Act (LRA)
South Africa is hailed as the country with the most progressive of labour regimes. We have a constitution that has explicit labour relations rights in section 23. We also have a myriad of supporting legislation such as the Labour Relations Act and the Basic Conditions of Employment Act, amongst others.
In a recent ruling, the Labour Court has clarified the circumstances under which an application may be made to dismiss a case because of inordinate delay by the referring litigant. The speedy resolution of labour disputes has long been a core principle of employment law.
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct. Normally, such discipline would be found to be unfair.
We oppose various recent government initiatives to prolong COVID-19 lockdown measures. All such measures must be scrapped and a return to the pre-March 2020 legal position must be expedited. South Africans have waited patiently for too long to see constitutional government and their civil liberties restored.
Where an undertaking (or part thereof or a service) of any kind is transferred by one employer to another as a going concern section 197 of the Labour Relations Act (LRA) comes into effect. This forces the new entity to take over all the employees of the old undertaking.
South Africa has one of the highest unemployment rates globally, which results in significant economic challenges. It has also created a growing contingent of discouraged job seekers, who have effectively given up on trying to secure employment, which exacerbates the issue.
On 12 November 2021, the Constitutional Court held in favour of mining employers in a historic secondary strike judgment (Association of Mineworkers and Construction Union and Others v Anglo Gold Ashanti Limited t/a Anglo Gold Ashanti and Others  ZACC 42).
A recent judgement by the Labour Court addresses the role that incapacity can play when an employee is charged with misconduct, and whether an employer is required to exclude the possibility of incapacity in these circumstances.
A while ago, I received a panic phone call from an employer who had received an unfavourable arbitration award in respect of a CCMA case they never knew existed. That is, the employer had never received a summons to appear at the CCMA but the award required the employer to pay tens of thousands of rand to an ex-employee.
With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the Department of Home Affairs (DHA) and the Department of Labour (DoL) are again taking steps to curb the employment of illegal foreign nationals living in South Africa.