In terms of the Labour Relations Act (LRA), an employee’s employment contract is automatically transferred to the new employer when a business is sold as a going concern. Any dismissal associated with such a transfer of business, will be deemed as automatically...
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Bargaining Council – what about it?
Labour legislation applies to all employers and employees. The Basic Conditions of Employment Act (BCEA) defines the minimum terms and conditions of employment on which the parties may contract. However, if a business falls under an industry that is part of a specific...
COVID-19 and disciplinary action against employees
All employers must comply with the Occupational Health and Safety Act. This law requires that employers, as far as is reasonably practicable, provide and maintain a work environment that is safe and without risk to the health of employees, customers, members,...
CCMA processes and what employers should know
The Commission for Conciliation, Mediation and Arbitration (CCMA), was established as an independent, apolitical dispute resolution body in terms of the Labour Relations Act (LRA). CCMA processes aim to promote fair labour practices and resolve labour disputes in the...
“Inspections” by false officials
It has come to the Department of Employment and Labour‘s attention that people falsely pose as inspectors from this Department. In some instances employers are coerced and intimidated into buying “new” posters.Make sure to do the following during an inspection by the...
3 types of labour inspections
Our South African labour laws are extensive and rigid, leaving no room for negotiation. Many employers conduct their business with the sincere belief that they are adhering to the required labour regulations, although in reality this is often not the case. Failure to...
Benefits of good hygiene in the workplace
The Occupational Health and Safety Act places an explicit obligation on the employer to create and maintain a safe and healthy workplace. Notwithstanding the required health and safety regulations in terms of the COVID-19 pandemic that employers currently have to...
2020 – Designated employers & the Employment Equity Act
The Employment Equity Act (“EEA”) applies to all employers, but a “designated employer” (who meets the minimum requirements) has additional responsibilities. Make sure you know what is expected of YOU and that you comply! The EEA aims to eliminate unfair...
Temporary lay-off: how and when?
Temporary lay-off: Circumstances beyond the employer’s control, such as the COVID-19 pandemic, can add to create a challenging environment where the employer has to make difficult decisions in order to continue business operations sustainably. When such unforeseen...
Short time
The Coronavirus (COVID-19) pandemic has already had serious implications, either directly or indirectly, for many South Africans as well as the negative economic impact on the country at large. Short time is an option for employers to consider when they are concerned...
Employment – start out right
Every employer’s workplace is unique and business should be run with growth, profitability and success in mind – get the basics right. This goal can only be achieved if the employer appoints the right employee. The employment relationship is based on mutual respect...
Tips to survive the CCMA
The CCMA was established as an independent, apolitical dispute resolution body in terms of the Labour Relations Act (LRA), Act 66 of 1995. It is aimed at promoting fair practices and resolving labour disputes within the working environment.An employee can refer a...
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