FAQ – May employees embark on strike action without following certain legal requirements?

by see-wpdev | Oct 8, 2021

The answer to this is no. Although our constitution guarantees every employee the right to strike. As with any other right, the right to strike is not unqualified. Certain legal protections, including the right not to be dismissed, is limited to protected strikes. For a strike to be considered a protected strike, the employees must adhere to the legal requirements prescribed by the Labour Relations Act. They must refer a dispute to the CCMA. The dispute must first be conciliated and...

Constructive Dismissal

by see-wpdev | Oct 6, 2021

Constructive dismissal can occur in many forms. Unfortunately, there are no cut and dried rules on what adds up and does not add up to constructive dismissal. Hence it remains a thorny issue to tackle. The increased rate of resignations with or without notice is quite alarming. It is logical to assume that most of the resignees have ulterior motives when they resign. Therefore, employers should be alarmed. The CCMA has been receiving a load of constructive dismissal cases in recent years. This...

Episode 95: Pregnancy And Accommodating Employees Before And After The Birth Of A Child.

by see-wpdev | Oct 5, 2021

An employer is often confronted with situations surrounding pregnant employees or employees who have recently given birth. In today's podcast, SEESA Legal Advisors, Annemien Geustyn and Stefan Tickner discuss the Legislation and Regulations that govern this situation. They also clarify the employer's rights and obligations when it comes to employees who are pregnant or who have recently given birth. Click play to listen to our podcast! Contact your nearest SEESA office to assist your business...

The Prerequisites For Claiming B-BBEE Points On The Skills Development Element

by see-wpdev | Oct 4, 2021

Skills development is one of the easiest priority elements to comply with, although it requires a business to spend a monetary amount that will contribute to the development of the competencies of black people in and out of the business. This element in South Africa has become a strategic priority for businesses that wish to attain or retain an acceptable BEE level and meet the Skills Development Act requirements. By just following the scorecard, one already knows what is expected of you. What...

Update on NUMSA Strike Action: Metal and Engineering Industry

by see-wpdev | Oct 3, 2021

NUMSA has now given notice of their intentions to start a nationwide strike action at 05H00 on Tuesday 5 October 2021. NUMSA’s current demand is a three-year deal, with an 8% increase in year one and 2% plus CPI in years two and three, with the option to renegotiate year three should 2% plus CPI not exceed inflation. This will be a protected strike action for all employees that are members of NUMSA. The employers right to lockout. Employers are entitled to lock striking employees out of their...

FAQ – Are Shop Stewards Only Allowed Where The Union Has Majority Status?

by see-wpdev | Oct 1, 2021

Section 14 of the Labour Relations Act (LRA) always provided that shop stewards are only allowed in the case of majority Unions, but this is no longer true in all cases. Section 21(8)A of the LRA, as amended, provides that as long as it is the only Union in the workplace and no other Union has such right, they can apply to the CCMA to grant them this right even where they do not hold majority status. To find out how SEESA can help your business visit our website for more:...

Importance Of Aggravating Factors During Disciplinary Hearings

by see-wpdev | Sep 29, 2021

When an employee is found guilty during the disciplinary hearing proceedings, the evidence presented in aggravation of a sanction should be taken into due consideration before deciding the appropriate sanction. When a chairperson makes a guilty finding on an employee, the next step in the proceedings would be to listen to the aggravating and mitigating circumstances before the chairperson decides what the appropriate sanction would be. The initiator acting on behalf of the company must...

Severance For Post-Retirement Employees

by see-wpdev | Sep 27, 2021

It is common practice for businesses to have a set retirement age stipulated in their contracts of employment. This is usually around 65 years of age. However, with the advancement of medical care and quality of life improvements, employees are often perfectly capable of working beyond this age. Employers may well benefit from such extended service due to their experience. Thus, we encounter the common phenomenon of post-retirement employment with the same employer. Section 198B of the Labour...

Imminent Strike Action in the Metal and Engineering Bargaining Council

by see-wpdev | Sep 21, 2021

On 15 September 2021, the MEIBC issued a certificate of non-resolution in the ongoing wage, and substantive issues dispute in the industry. In terms of the Labour Relations Act (LRA), the next step in the process is now for the parties to agree on picketing rules. If the parties cannot agree on picketing rules, the matter must again be set down at the MEIBC for a commissioner to determine the picketing rules. Only after picketing rules are in place will NUMSA be entitled to proceed to strike...

FAQ – Should our company still comply with the Employment Equity Act if we are submitting voluntarily?

by see-wpdev | Sep 20, 2021

Yes, all companies that are submitting Employment Equity reports to the Department of Labour voluntarily are required to comply with all aspects of the Employment Equity Act. The following duties should be complied with even though your company is submitting Employment Equity voluntarily: Duty to appoint an Employment Equity Manager;Duty of communication and awareness; Duty to establish an Employment Equity Committee;Duty to compile an analysis;Duty to compile a EE plan with a one to...

Labour

FAQ – May employees embark on strike action without following certain legal requirements?

Constructive Dismissal

Episode 95: Pregnancy And Accommodating Employees Before And After The Birth Of A Child.

The Prerequisites For Claiming B-BBEE Points On The Skills Development Element

Update on NUMSA Strike Action: Metal and Engineering Industry

FAQ – Are Shop Stewards Only Allowed Where The Union Has Majority Status?

Importance Of Aggravating Factors During Disciplinary Hearings

Severance For Post-Retirement Employees

Imminent Strike Action in the Metal and Engineering Bargaining Council

FAQ – Should our company still comply with the Employment Equity Act if we are submitting voluntarily?

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