Labour Relations

labour relations q & A
15 Dec

Labour Relations Q&A

Q. Do the Labour Relations Act (LRA) and Basic Conditions of Employment Act (BCEA) laws that regulate the employment relationship apply to foreign nationals working in South Africa? A. Yes, South African employment laws apply to foreign nationals working in South Africa. Q. Are there any age restrictions on employees? A. There are no age

Read More
overpaying employees
16 Oct

Employer overpays employees, what now? How are challenges of erroneously overpaying employees addressed

The issue of erroneously overpaying employees is usually found in the public sector but more inquiries are rapidly coming from the private sector and employers don’t know how to deal with this situation.   Legal BCEA section 34(1) BCEA section 34(5)   Payroll and HR Personnel are also human beings and make mistakes, especially with

Read More
employee promotions
13 Oct

Employee Promotions tend to be emotionally charged due to perceived favouritism. What are the guidelines?

Promotions in the workplace do tend to bring out an emotional response due to perceived favouritism and perceived employer subjectivity. Legal Labour relations act Section 186(2) Definition of a promotion Promotion is the elevation of an employee to a higher position within the organisation, accompanied by an increase in remuneration or benefits, stature and responsibility.

Read More
26 Sep

Traditional healer (Sangoma) medical certificates – a sensitive issue where employers need to tread carefully

Traditional healer (Sangoma) medical certificates The issue of medical certificates that come from traditional healers is a sensitive issue that needs employers to tread carefully. Legal Traditional Health Practitioners Act 22 of 2007 Basic Conditions of Employment Act 75 of 1997   Resource: Traditional Health Practitioners Act   Let’s first determine who can issue out a

Read More
Insubordination vs. Insolence
19 Sep

Insubordination vs. Insolence – how to distinguish and address ambiguity

Employers and Human resources personnel experience a common problem distinguishing between insubordination and insolence. Let’s first define the two terms in order to eradicate the grey area that exists: Insubordination refers to the intentional refusal to obey an employer’s lawful and reasonable orders. Insolence refers to cheeky, rude, abusive or contemptuous language, generally directed at

Read More
ccma logo
13 Apr

The CCMA – The documents needed, time scales and procedures? Answering affidavit, and the types of applications that can be made

Applications to the CCMA are dealt with in terms of Rule 31 of the rules of the CCMA. Various types of applications can be made, including for condonation, joinder, substitution, variation or rescission. Let us look at one of these as an example of what it entails to bring an application to the CCMA. Should

Read More

CCMA commissioners come down harshly upon employers – 15 November 2016

South Africa has possibly the most prescriptive and restrictive labour legislation in the world. Dismissals have to be both procedurally correct and substantively fair. Even if dismissals fulfill this requirement; many are challenged because although a CCMA application might be frivolous and vexatious; punitive costs awards against an ex-employee are seldom made. Conversely, however, CCMA

Read More

Labour Law – Winning at the CCMA – EconoBEE Newsletter – 26 August 2015

  The entire EconoBEE team is very pleased to announce that our partners EconoHR will be hosting the first in a series of events covering technical Labour Law practices. Executive Summary The Labour Relations Act which was recently amended, governs labour practices such as disputes and dismissals. Procedurally incorrect or substantively unfair dismissals are costly,

Read More