On occasion an employee joins a trade union which operates outside of the industry in which their employer operates. The Constitutional Court held that such a trade union does not have the power to represent the employee in CCMA and Labour Court proceedings if the registered scope of the trade union precludes the employee from
This blog was co-authored by Tristan Marot, Candidate Attorney.
The Labour Appeal Court has recently restated the law on common mistake as it applies to having a settlement agreement set aside in Murray and Roberts (Pty) Ltd v The Commission for Conciliation, Mediation and Arbitration & Others.
The matter stemmed from a dispute between the
With the increasing number of COVID-19 infections, employers must deal with employees who test positive for the virus, those who come into contact with individuals who test positive, and those who present with COVID-19 related symptoms. It is therefore important for employers to understand when sick leave must be used.
The different sick leave options
An attempt to stop NUMSA from calling a strike because it had not held a secret ballot failed. In the matters between NUMSA and Mahle Behr and NUMSA and Foskor with AMCU as amicus curiae the Labour Appeal Court had to determine whether in the absence of compliance with the transitional provisions of the Labour
It is the unfairness of a dismissal that is referred to conciliation, and not the reason for the dismissal. In resolving unfair dismissal disputes, the courts will look at substance over form.
The court in Association of Mineworkers and Construction Union v Ngululu Bulk Carriers (Pty) Limited (in liquidation) and Others found that where AMCU
On 26 March 2020, the Minister of Employment and Labour issued a Directive that set out the requirements for the newly established COVID-16 TERS benefits (the Temporary Employer/Employee Relief Scheme). These benefits were provisioned to alleviate the economic impact of the national disaster by assisting employers to pay their employees during the closure of their
With the rapidly changing legal landscape, employers may be left in the dark around how to ensure they comply with the latest laws and regulations relating to road transport during the national lockdown.
A company vehicle used for the purposes of transporting essential service employees to and from work must be limited to 50% of
Many business are faced with the daunting prospect of contemplating retrenchments due to the impact of COVID-19 on their businesses. Employers should however be aware that retrenchments are a matter of last resort and can only be undertaken after exploring all alternatives seeking to avoid retrenchment.
Here are 10 things to know before embarking on