Category: Labour Relations

labour relations q & A

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?...

overpaying employees

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...

employee promotions

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...

N’anga

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...

Insubordination vs. Insolence

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...

ccma logo

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...

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...

EconoBEE - BEE Points = Business

Invitation: Labour Law – 28 September 2016

      EconoServ expands: Labour Law Labour law is an important aspect of your business.  It is fraught with problems if done incorrectly, but a breeze if all procedures are followed. No one likes appearing in the CCMA, or paying money for making a mistake. EconoHR is launching a...

south african demographics

EE and Demographics

The demographics of South Africa are roughly 90% African, Coloured, Indian and 10% White, unfortunately most demographics of companies are far from this. The EE act aims to redress this issue and improve the demographics through good skills development and mentoring of individuals to be promoted. Compliance with the Employment...

Dismissals – procedure for success

Human resource management in any business is such an important job. Your employees are a valuable resource to your company in the same way that a chemical resource is important to a soap manufacturer, if not more so. The HR department has important roles in the success of any business...

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...