***Newsflash***

Sectoral Determinations and accreditation of bargaining councils

The Minister of Labour has given notice of her intention to review minimum wages and
employment conditions in various sectors. Various bargaining councils have also been
accredited to conduct conciliations and arbitrations up to 2015, subject to specified
demographic and performance conditions.

Read more……

Current News

 

Dismissal for refusing an illegal instruction

The Labour Court in Harding v Petzetakis Africa (Pty) Ltd had to deal with a situation in which a senior employee was dismissed for refusing to obey an instruction that she thought was unlawful.

Read more……


Challenging an order for back-pay

An arbitrator awarded a dismissed worker reinstatement and 21 months' backpay. This was taken on review in Johannesburg City Parks (Pty) Ltd v SALGBC & others.

Read more……


Publishing criticism about your employer

An employee is dismissed for writing a letter to the newspaper criticising the employer. The arbitrator’s decision that the dismissal was unfair was taken on review in Ikwezi Municipality v SALGBC & others.

Read more……


Non union members’ right to strike

Do non union members have to give their own notice of the strike before they are protected under the LRA? The SCA recently said so in Equity Aviation  v  SATAWU.

Read more……


Unilateral reduction in salary

The LC in Abrahams v Drake & Scull Facilities Management (SA) (Pty) Ltd recently had to consider whether an employer can unilaterally reduce the salary of a long serving employee that was out of line with that of other employees doing the same work.

Read more……


Domestic workers’ minimum wage increase

Domestic workers' minimum wages have been increased with effect from 1 December.

Read more……

 

 

Recent News

 

Dismissal for unlawfully striking justified?

The LRA provides that an unprotected strike may constitute a fair reason for dismissal. The LAC in National Union of Mineworkers obo Employees and Others v Commission for Conciliation Mediation and Arbitration and Others decided on the facts of that case that the strikers' dismissal was unfair.

Read more……


Applying for review with no transcript

What is the effect of applying for a review with no transcript of the arbitration proceedings? The LC in Steve Tshwete Local Municipality v SALBC & Othersfound that the applicant in such circumstances had failed to prove its case, and that it had insufficient evidence on which to grant the review

Read more……


Employees remaining silent during a hearing

The LC in SAMWU obo Abrahams & Others v City of Cape Town & Others held that an employee has a duty to assist the employer to bring guilty employees to book, and a failure to assist in this respect amounts to misconduct. 

Read more……


Settlement agreements – full and final?

In our November newsletter Prof Rycroft discusses the circumstances in which the LC has set aside settlement agreements, despite containing provisions 'in full and final settlement'.  

Read more……

 


Recent Worklaw responses to subscriber helpline queries

Question:
May an employer appeal against its own sanction - even if our disciplinary code is silent on this matter? We appointed an external chairperson to conduct the hearing, and we are very unhappy with the outcome of the case

Click here to read Worklaw's response ……


Question:
A group of employees were issued with 12 month final written warnings for participating in an illegal stoppage during 2010. This year, two employees who were involved in last year’s work stoppage were again found to have committed the same offence with a different group of employees.

Can the two employees be dismissed for participating in an illegal stoppage whilst they are on final warning, and the others get final warnings? Their hearing is taking place tomorrow and I am expected to advise on an appropriate course of action.

Click here to read Worklaw's response ……


Question:
We have just reviewed our uniform policy and one issue keeps coming up. It is phrased as follows: 'Traditional costume and garments worn to comply with religious requirements are not permitted under any circumstances'.

Is this legal? Can we require our employees not to wear any traditional item during working hours? Is this not tantamount to discrimination on religious grounds? What would your advice be, and can we phrase this any better?

Click here to read Worklaw’s response……

Getting the most out of Worklaw

Worklaw is a labour law advice and information service, developed by some of South Africa`s most experienced labour arbitrators.

Worklaw subscribers get free advice from experienced arbitrators via e-mail, can research the law and leading cases, are updated monthly on new cases, trends etc, and can use excellent training material, to name a few of these services. Our larger subscribers (10 or more user licences) receive an in house annual labour law workshop of approx 2 hours, at which we take them through the key labour court cases and trends from the past year. Subscribers with less than 10 user licences are invited to a general subscriber breakfast workshop offered annually in Johannesburg and Durban.

Worklaw`s key services are summarised below:

If you need to find a case reference or find a case under a specific topic, go to Case Law. If you are still in the dark, use the Help Line, and we’ll answer your query within 48 hours .You may want to check if you have taken the correct steps in, say, suspending or disciplining an employee; if so go to Forms / Checklists. If you want to institute a new policy or procedure; go to Model Disciplinary and Grievance Procedures. If you need to check the actual wording of legislation, this is all set out at Legislation. The Codes of Good Practice on dismissal, sexual harassment, picketing etc can be found at Codes of Good Practice

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Editor's Comment

Strike violence

Something needs to be done to deal with violence during strikes. The LC recently in Tsogo Sun Casinos (Pty) Ltd t/a Montecasino v Future of South African Workers’ Union & others questioned whether a protected strike should lose that status when violence occurred.

To read the article, click here


New CCMA guidelines for misconduct arbitrations

From Jan. 2012 new CCMA guidelines dealing with misconduct arbitrations will apply. Click here to access them. They are designed to assist arbitrators, but will also provide a huge resource to anyone preparing for arbitration. Prof Alan Rycroft provides an overview of these guidelines..

To read the article, click here