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CCMA

On 29 May 2010 the Labour Appeal Court handed down judgment in the case of a sex worker (referred to as Kylie) who was unfairly dismissed by the brothel employing her.  The judgment is a step forward in the rights of sex workers in South Africa. It overturned the previous judgment of the Labour Court which said that, although a sex worker employed by a brothel was an employee for purposes of the Labour Relations Act, the worker wasn’t entitled to protection against unfair dismissal.

Labour Bulletin

Another topic I hear and read a lot about is corruption. It seems to be endemic, but there are people who speak up about illegal activities. You must know what to do in terms of the Protected Disclosures Act (PDA) if one of your employees brings suspicious activity to your attention.

Labour Bulletin

Have you ever had an employee who simply didn’t come to work for a week? I don’t mean an employee who takes off the odd day here and there because “he’s not feeling well”, but someone who’s at work the one day and then doesn’t arrive again. Judging by the questions I get, this is a problem a number of you have faced. The question is: how do you deal with it? You can’t simply fire him because he could come back and you’d lose at the CCMA.

Labour Bulletin

The Labour Minister is pushing for labour laws with a bite. He’d like to enforce punishment for labour offences by introducing spot fines for non-compliant employers. Currently there aren’t any fines for breaking the law when dealing with employment equity and the employment of illegal workers.

Labour Bulletin

I hope your short week has been productive...I know it’s great having a day off (or quite a few in April), but I do find it leaves me scrabbling for time to do everything I need to. It’s times like this that we can drop the ball on important issues. Stress and time pressure take their toll and this can mean someone else is left to pick up the pieces. When it comes to employee mistakes...this normally means an expensive labour lawyer!

Labour Bulletin

Just one thing you can look forward to is the interesting case of De Beer v Schenker Logistics [2010].  The employee claimed constructive dismissal after he resigned, but he came off second best at the CCMA! It’s up to the employee to prove you’re guilty of constructive dismissal

Labour Bulletin

Wow – it’s been a busy week in the world of labour law. The debate on labour brokers rages on, with the Minister of Labour backing off on his “ban the labour brokers” stance. An employer stands accused of breaching health and safety regulations, which possibly led to the death of 13 employees. SAMU has ruled out strike action, for now!

Labour Bulletin

Prepare yourself for protest action by SACCAWU. If you’re in the wholesale, retail or hospitality sector this will affect you! On 8 February 2010 the South Africa Commercial, Catering and Allied Workers Union (SACCAWU) delivered to NEDLAC a notice of proposed socio-economic protest action (in terms of Section 77 of the LRA).

Labour Bulletin

Tracy King is normally ‘behind the scenes’ in our department, but I think, with her knowledge of labour law (and her ability to keep her finger on the pulse of things), she’s the perfect editor for the Labour Watch newsletter. And so, she takes over from the next issue, heading up our team of experts on the Labour Team.

Labour Bulletin

I had book club last night (I use the term loosely, because discussing books isn’t a big part of it), and my friend, Chloe, told me about an issue she was having at work. She’s pretty senior in her company, and manages quite a big team. But, as I found out, the perks of her well-paying job don’t necessarily outweigh the problems!

Labour Bulletin

I’m well aware the country’s road to prepare for 2010 has been a rocky one...not least because of the effort to build world-class stadiums. We’ve heard a number of stories over the years about delays to the construction of these stadiums, mostly because of strikes. These have caused setbacks and probably cost the companies huge amounts of money. Would you know what to do if your staff went on strike?

Labour Bulletin

The Labour Appeal Court (LAC) has decided that Section 197 of the Labour Relations Act (LRA) can apply where the original employer either takes back a previously outsourced service or passes it on to a new service provider.
On 9 October 2009, the LAC supported an interpretation linked to the purpose of Section 197(as opposed to a literal interpretation of the words) in its decision in Aviation Union of SA v South African Airways and others.

Labour Bulletin

Picture this scenario...The economy’s in a shambles, your previously very-profitable business has taken a HUGE knock, you’ve tried everything to keep your head above water...but the only option you have now is to retrench 17 employees.
You consult with them and go ahead with the retrenchment. You’re confident you’ve followed the proper procedure, but they refer an unfair dismissal dispute to the CCMA...you know they should’ve gone straight to the Labour Court...but...

Labour Bulletin

As you may already know, my time at FSP has come to an end. I’ve made some significant changes to my career path, and this means I’ll no longer have time to give Labour Watch the focus it, and you, deserve.  But don’t despair! Sarah-Jane Bosch, the managing editor of the Labour Law for Managers Handbook will be leading a team of experts every month, to bring you the same cutting edge labour information.

CCMA for Managers

CCMA for Managers is your ultimate A-Z guide to the CCMA. You’ll benefit from 178 pages packed with handy advice, answers to common questions, useful tips, checklists and step-by-step instructions. With this guide at your side, you’ll know exactly what steps to take at every stage of the CCMA process.

384 of the Best Labour Law & HR Tips... Ever!

Are you constantly running around trying to find answers to labour and HR questions that come up in your day-to-day dealings with staff?These nagging questions often require you to answer on the spot and you can’t afford to sit on the telephone to the Department of Labour or wade through the labour Acts. With this ultimate HR and labour tool, you can empower your managers to deal with everyday HR and labour issues themselves.

Practical Guide to Human Resources Management Loose Leaf Service

It's stressful being a manager...ever-changing labour legislation… motivating your staff… dealing with poor performance… implementing a legal disciplinary process… the list goes on. But it doesn’t need to be as nerve-wracking as you think...
 

Legal Wall Charts

In terms of Section 30 of the BCEA, summaries of the BCEA, OHSA and EEA must be in clear view for employees to see. This will be the first thing the inspector will look out for when he’s paying an unscheduled visit to your workplace.  If you are missing one or all of these summaries, he will slap you with a fine. Don’t get caught without them. Act now and order your wall charts today!

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