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Union eligibility under legal scrutiny

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In South Africa's shifting labour landscape, union representation is being tested and pushed to new limits. The case of AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Limited) v National Union of Metalworkers South Africa (NUMSA) and Others (CCT 188/22) [2024] ZACC 13 has sparked a significant debate challenging the traditional scope of union activities and raising critical questions about legal jurisdiction and worker representation. This case serves as a pivotal moment in understanding the complexities of union eligibility across diverse industries.

Political affiliations in the workplace – what employers need to know

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Navigating political affiliations in the workplace is a complex task for South African employers. There are valuable insights on this topic, emphasizing the importance of maintaining political neutrality to foster a harmonious work environment. 

Potential retrenchees entitled to representation

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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.

Section 35 of COIDA – Liability Insurance

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This Supreme Court of Appeal judgment, Churchill v Premier, Mpumalanga (889/2019) [2021] ZASCA 16 (4 March 2021), dealt with the case of the plaintiff who was mistreated and injured in the course of a protest by trade union members on premises where she was employed.

BOOK REVIEW | Eskom: Power, Politics and the (Post) apartheid State

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This riveting study shows how the intersection of technology and politics has shaped South African history since the 1960s. It is impossible to understand South Africa’s energy crisis without knowing this history.

New national minimum wage

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As you know, the threshold has increased by 7.6%. Upon investigation, it seems that the October Consumer Price Index (CPI) was used to increase the threshold. More significantly, the National Minimum Wage has gone up by 9.6% as well.

Dismissal emanating from wearing high-heeled shoes

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The Labour Appeal Court recently issued an order refusing to grant leave to appeal against the judgment of the Labour Court, after the Labour Court reinstated an employee who was dismissed for voicing her dissatisfaction with the company’s policy on wearing high-heeled shoes on mine premises.

Labour liberalisation key to incentivise employment and small business growth

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South Africa’s labour-law regime is difficult, if not impossible, for small businesses to comply with. It imposes a relatively higher cost on them than on large firms. This leads to fewer people employed in small businesses, and often leads to small businesses not being formalised and therefore certainly not complying with the law.

Retrenchment – the duty to consult

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Before making any decision to retrench employers are required to first consult with the union or affected employees on a number of issues, the most important of which is any means of avoiding job losses.

B-BBEE & Ownership – who has captured & corrupted it from...

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At its origin, Broad Based Black Economic Empowerment (BBBEE) was intended to fulfil several critical objectives linked to transformation in the workplace, stemming from the immensely negative impact that Apartheid had wreaked on Black Civil Society in South Africa.

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