The CCMA has accepted “sufficient representation” to be at least 30% of the employees in the workplace. A union represents the majority of the employees if such representation is 50%. Sufficient representation equals to the union having 30% representation within the company they are entitled to. Section 12, Trade Union Access to Workplace and Section 13, which the company facilitates the deduction of the union subscription of their employees. Should a union achieve majority representation they...

How far does an employer’s obligation stretch in accommodating an employee’s religious beliefs and practices in the workplace? In South Africa, we live in a cosmopolitan world with different religions. In an ever-evolving working environment, the great challenge for employers is to accommodate all the different religions, as well as aligning all the employee’s respective rights. In terms of section 15(1) of the Constitution of the Republic of South Africa, everyone has the right to freedom of...

One of the ways that an employment relationship is terminated is through resignation by the employee. This usually requires the employee providing notice to the employer in line with his/her contract of employment, alternatively in terms of the minimum statutory notice periods prescribed by the Basic Conditions of Employment Act[1]. It is, however, not uncommon for employees to tender resignation letters with immediate effect, meaning the employee would cease work on the date the resignation...

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