While there can be a little doubt that the CCMA, its processes and procedures, even the quality of arbitration awards, have improved considerably over the past years, there are still some flawed arbitration awards that slip through the cracks of the CCMA’s own scrutiny. In one such case, the Labour Court expresses severe criticism of what a CCMA commissioner did (or, more accurately, what the commissioner did not do). Regrettably, […]
About the use of Polygraph Tests Applicant refusing to obey instruction to undergo polygraph tests – applicant contractually bound to do so on request. The applicant, a trainee manager, was dismissed for refusing to undergo a polygraph test. He claimed that he had declined to submit to a test because he was not on duty on the on the day certain stock had gone missing, and because, in his experience, […]
The popularity of social networking websites such as Facebook is presenting employers and employees with significant employment implications. It is not just inappropriate websites and excessive use of company e-mail that employers need to track, but also employee use of the often addictive social networking sites. Employees have been found to be spending time whiling the hours away on Facebook during working hours, to the unproductive detriment of their employers. […]
The Department of Labour has granted the request of the Building Industry Bargaining Council Cape of Good Hope to increase its jurisdiction. The Council’s authority now Overstrand Local Municipality, which means building industry employers, employees and unions in Gansbaai, Hangklip, Hermanus, Kleinmond and Stanford will be governed by the same collective agreement as the Peninsula, Boland and Malmesbury areas. “We estimate that there are about 200 builders who will be […]
In accordance with a recently released determination by the Minister of Labour, with effect from 01 July, 2011 the earnings threshold for the purposes of the Basic Conditions of Employment Act, No. 75 of 1997 (“the BCEA”) will be increased from R149,736 per annum to R172,000 per annum. (In this regard, “earnings” is defined in the determination as being an employee’s “regular annual remuneration before deductions (i.e. income tax, pension, […]
Evidence is frequently confused with proof. Disciplinary and arbitration hearings are concerned, in essence with establishing whether or not an employee is “probably guilty” of the allegation(s) being levelled against them. It is only once, and if, such “Probable guilt” is established that the selection of an appropriate sanction becomes relevant and necessary. Guilty or not guilty verdicts are determined by whether there is enough proof to find the employee […]
The term “employee” is defined in the Labour relationship Act of 1995, the Basic Conditions of Employment Act of 1997 and other labour related legislation. However, the term “independent contractors” is not defined in any legislation. In general terms, an independent contractor is someone who independently renders specified services, or produces specified products or results, to a number of clients. It is critical to distinguish between employees and independent contractors […]
In the 12 months to March 31, 2011, the Cape town CCMA received 18660 cases referred to it. This amounts to 12 percent of the national case. Alleged unfair dismissals continue to dominate the CCMA’s case load, amounting to, as has historically been the case, 80 percent of all cases referred. The remaining 20 percent of labour disputes referred relate to such issues as alleged unfair labour practices, wage disputes, […]
Minimum Wage for Domestic Workers 2011 The domestic workers salary in 2011 is described in the Domestic Workers Act. This act sets out domestic workers wages in South Africa and specifies working conditions such as hours of work, overtime pay, salary increases, deductions, annual and sick leave. It applies to the estimated 1 to 1.5 million workers in the country who work as domestics, gardeners, childminders (including drivers of children) and those […]
Unfair Labour Practice Unfair Labour Practice as defined by Department of Labour Unfair Labour Practice means any unfair act or omission that arises between an employer and an employee involving: a) Unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee; b) The unfair […]
