Can CCMA arbitral awards be reviewed and if so, how?
The Labour Relations Act 66 of 1995 (“LRA”) does not make provision for an award made by the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to be appealed by an unsuccessful party. The reason being that an arbitration award issued by the Commissioner presiding over the arbitration is considered to be final and binding. However, more...
The Covid-19 Temporary Relief Scheme Refined – Recent Amendments to the Minister’s Directive:
The Covid-19 Temporary Relief Scheme (“the Scheme”) was implemented by the Department of Labour as a direct remedial response to the havoc wrecked on small to medium enterprises (“SMME’s”) by the Covid-19 pandemic. Whilst the Scheme has been active and functional since 26 March 2020, amendments published to the Directive responsible for the implementation of the Scheme on 08 April 2020 have clarified the application of the Scheme and have further refined its operation.
Labour Law Update – The Temporary Employer Relief Scheme:
On Thursday, 26 March 2020, the Minister for Employment and Labour, Thembelani Nxesi, issued a Directive entitled ‘Covid- l9 Temporary Employee/Employer Relief Scheme, 2020’ to the general public (the “Directive”). The underlying rationale for the issuing of the Directive is founded on the immense impact the President’s declaration of a national lockdown, and the Regulations imposed in terms of section 27(3) of the Disaster Management Act, have had on the continued trading and commercial viability of especially small to medium enterprises and those entities whose businesses operations are considered to be ‘non-essential’.
Survival in the time of Covid-19: A basic guide for employers on retrenchment and alternative resolution mechanisms
The rapidly evolving Covid-19 pandemic and the recent declaration by the President of the Republic of South Africa that a nationwide lockdown will be imposed for a period of 21 days to commence at midnight on 26 March 2020, will have severe and far-reaching implications for South African employers, especially those classed as small to more...
Working from Home – Some Legal Concerns
During the current COVID-19 crisis, many employers will have chosen to allow their employees to work from home. While most employers already have a communications policy that regulates how employees use communications infrastructure in the workplace, it is important to bear a few points in mind when many or most employees are working remotely.
Covid-19: Health and safety in the workplace
The Occupational Health and Safety Act, No. 85 of 1993 (“the Act”) aims to ensure the wellbeing, health and safety of employees in the workplace. In light of the seriousness of the Covid-19 pandemic, it is important to consider the effects the spread of the virus may have on the South African employer and specifically more...
The Protection of Trade Secrets
Introduction A trade secret may generally be described as information which is known only by employees of a specific business and can include formulas, ideas, processes or a compilation of information. Trade secrets are used by a business to obtain an advantage over its competitors in the market. In short, the “know-how” that businesses keep more...
The ‘Give and Take’ of the The Employment Equity Amendment Bill, 2018 (the “Bill”)
The Employment Equity Amendment Bill, 2018 (the “Bill”) and draft Employment Equity Regulations (the “EE Regulations”) are a direct consequence of the Department of Labour’s twenty-year review into the effectiveness of the Employment Equity Act, 55 of 1998 (the “EEA”). Although the provisions introduced by the Bill are not yet fully enforceable, their implications for more...
Paternity Rights: Finally a reality
For many years the prevailing body of case law and statutory development in the area of leave occasioned by the birth or prospective birth of a child has dealt almost exclusively with maternity and not paternity rights. The law as it stands on maternity leave is well known and governed by the corresponding provisions of more...
“Divorcing” your boss
More and more these days we are faced with the situation where an employer and an employee are involved in a dispute, but wish to end the relationship amicably, with no legal action. The question is whether a mutual agreement to terminate the employment relationship is valid and binding on the parties. The Labour Court more...
When is an independent contractor deemed to be an employee?
The Labour Relations Act defines an employee as: any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and any other person who in any manner assists in carrying on or conducting the business of the employer. In terms of more...
What was Worker’s Compensation is now COIDA – annual assessment is required
The announcement of a large settlement between Anglo American South Africa and 23 former gold miners suffering from silicosis may cause employers to question the basis for the claim? Legislation in South Africa requires employers to contribute to compensation funds, known colloquially as workmen’s compensation. Since the passing of the Compensation for Occupational Injuries and more...