Temporary employment – what’s changed for employers and labour brokers?
On 26 July 2018 at 10h00, the Constitutional Court handed down judgment in an application for leave to appeal against an order of the Labour Appeal Court (LAC). The case concerned the interpretation of Section 198A(3)(b) of the Labour Relations Act 66 of 1995 (LRA) and whether this deeming provision resulted in a “sole employment” relationship between a placed worker and a client or a “dual employment” relationship between a Temporary Employment Service (TES), a placed worker and a...
The Employers Guide to: Striking Employees
Employers should know when the actions of employees constitutes a strike, which is defined in the Labour Relations Act No 66 of 1995 (LRA) as “the partial or complete concerted refusal to work, or the retardation or obstruction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying a grievance or resolving a dispute in respect of any matter of mutual interest between employer and employee and every reference to work in...
Getting Smart with Constructive Dismissals
A constructive dismissal is defined as a situation in the workplace created by the employer, which renders the employment relationship intolerable for the employee. Section 186(1)(e) of the Labour Relations Act (LRA) 66 of 1995, states that in circumstances where “an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee”, constitutes a dismissal. There are numerous instances of an intolerable employment...
Does the Consumer Protection Act apply to Non-Profit Organisations?
The Consumer Protection Act 68 of 2008 (CPA) came into effect in April 2011. Unknown to many Non-Profit Organisations (NPOs), the CPA applies to non-profit sectors. This could include amongst others; social, religious and educational organisations. It is a given that all NPOs are to be registered with the Department of Social Development and obtain an NPO Certificate including a registration number. What impact does the CPA have on NPOs? NPOs as suppliers of goods and services It is common...
Why you should worry about delays
A phrase commonly used in law is “Justice delayed is justice denied”, meaning that by delaying to charge and finalise an employee’s hearing would be to deny their justice and therefore denying a fair hearing. But what constitutes a delay? Section 188 of the Labour Relations Act (LRA) sets out strict requirements to ensure that a dismissal is fair. However, none of these requirements deals with the time limit between the commission of the misconduct and the date on which the notice of hearing...
How to minimize Skills Development Expenditure
The Amended Construction Sector Code was published on 1 December 2017. This code has implications for entities that previously, under the Codes of Good Practice, didn’t need to make any contributions to obtain a specific level. This specifically refers to Qualifying Small Enterprises (QSEs) that qualify for automatic level 1 or 2 sworn affidavits in terms of the Codes of Good Practice. In terms of the Codes of Good Practice, if an entity with a turnover between R10 million and R50 million have...
Determining if something is racist or derogatory
Everybody should know by now that the use of racist and or derogatory language in the workplace could cost you your job. Even referring to a black person as “daai swartman”, can be racist and derogatory – as seen in a recent case. Where words like these have been used, and for it to be construed as racist or derogatory, will depend on the real facts, the context within which it was used and through an objective test on how it should be perceived. The Labour Appeal Court (LAC) in Rustenburg...
Why it’s important to plan for BEE
It is very important to keep in mind that Broad-Based Black Economic Empowerment (B-BBEE) is not a once-off process but a continuous process that has to be implemented and monitored throughout the financial year. Required contributions The following elements require contributions to be made within the financial year: Skills Development Enterprise & Supplier Development Socio Economic Development If a contribution was not made in a financial year you will not be able to use it when you are...
Do you have a Soft Skills gap?
When employers consider training solutions for their employees, they often only focus on the technical competence and abilities pertaining to a specific set of skills or tasks. For example, employers will want their welders to improve their welding skills, or they will want to train their engineers to improve their engineering skills. These are referred to as ‘hard skills’. Subsequently they often overlook the benefits of developing their employees’ soft skills, which are critical in the...
Wondering how to comply with the POPI Act? Start here
The Protection of Personal Information (POPI) Act will require organisations to be accountable in their personal information processing. Organisations will have to ensure that they comply with the conditions of lawful processing of personal information and all measures that gives effect to such at the time of determination of the purpose and means of the processing and during the processing itself. To demonstrate accountability, organisations have to interpret the legal requirements and...