Archive for the ‘News’ Category

National Minimum Wage

There has been much in the press on the implementation of the new National Minimum Wage.  As we understand the minimum wage will be encased in a new act known as the National Minimum Wage Act (NMW Act). It is currently being drafted and will soon be published for general comment from the public.  We believe it will come into […]

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Does Compensation ordered in terms of an Arbitration Award issued by the CCMA or a Bargaining Council prescribes after 3 years?

Employers who refuse to implement Arbitration Awards issued by the CCMA or a Bargaining Council need to be aware of a recent Constitutional Court judgement. Even employers who take the Arbitration Award on review to the Labour Court need to be wary. In the past employers have used the Prescription Act (Act 68 of 1969) to wait 3 years and […]

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Employment Equity Inspection

I have just had a most horrible experience with one of our clients and an EE inspection undertaken by the Department of Labour. I am sure most of you will have done the following or are about to do the following but for what it is worth, this is what they were looking for: EEA2 returns for the past three […]

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Zuma should look to DHS bond written by W Owen

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LABOUR BROKER OR CLIENT – WHO IS THE EMPLOYER?

Recent changes to our Labour Law will give employees more protection at the workplace and will put quite severe obligations on employers.  Both employers and employees need to know and understand these changes.  Les Owen discusses some of the more significant changes.  AMENDMENTS TO LABOUR LAW Amendments to the Labour Relations Act (Act 66 of 1995) came into effect on […]

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Labour Brokers and the Amendments to the LRA

The saga of a Labour Broker’s employees becoming employees of the Labour Broker’s client continues. The issue is simply this.  The recent amendments to the Labour Relations Act (Act 66 of1995) provide that Labour Broking employees placed at a client’s premises become the employees of the client under certain conditions.  The actual wording in the Act states that a Labour […]

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AMENDMENTS TO LABOUR LAW

Amendments to the Labour Relations Act (Act 66 of 1995) came into effect on 01st January 2015.  The Amendments will give new rights to many employee three months after 01st January 2015, i.e. from 01st April 2015. Now I could give you, the reader, a summary of the Amendments.  I could explain the effect the amendments will have on contracts […]

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Templates Available

When you conduct a Disciplinary Hearing, be sure to download our useful templates which will assist you with your Disciplinary Hearing. Chairpersons Sanction (Long) Chairpersons Sanction (Short) Findings of the Chairperson Mandate to Chair Disciplinary Hearing The Chairperson’s Checklist

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SANCTION AND DISCIPLINARY HEARINGS

Formality of Hearings:   The publication of the Labour Court’s decision in Avril Elizabeth Home for the Mentally Handicapped v Commission for Conciliation, Mediation & Arbitration & others (2006) 27ILJ 1644 (LC) resulted in Disciplinary Hearings becoming less formal. The learned Judge made clear that the criminal justice model had no place in Disciplinary Hearings.  All that was required, stated […]

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Welcome Lawrence Pillay

In our quest to provide great service to our clients, we are always on the lookout for great people that we can add to our team – either as associates or as consultants. Lawrence Pillay is one such person. Lawrence has a background in Procurement and in Skills Development. As a result, he was used by his previous employer to […]

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