The briefing sessions – which are part of the investigations by the Department of Labour’s Employment Conditions Commission (ECC) – started on Tuesday in Thohoyandou and proceeded to Tzaneen before concluding in Polokwane on Friday. The sessions, which were also held simultaneously in the Eastern Cape, drew an enthusiastic audience from the industry players ranging from owners of private security firms, trade unionists, employees and government officials.

Read more here.

The Department is therefore embarking on a consultation process as part of its information gathering process. The employers, employees and Trade Unions are therefore invited to attend public hearings for these sectors.

All inputs from interested parties will be highly appreciated.

PRIVATE SECURITY SECTOR

Date: 16 May 2012,
Venue: Port Elizabeth Labour Centre
Time: 10h00

Date: 17 May 2012
Venue: East London Labour Centre
Time: 10h00

Date: 18 May 2002
Venue: Mthatha Savoy Hotel
Time: 10h00

CIVIL ENGINEERING SECTOR (only in Port Elizabeth)

Date: 16 May 2012
Time: 14H00
Venue: Boardroom 4th Floor P.E. Labour Centre, Port Elizabeth

The media is invited to attend.

South Africa shed 75000 jobs in the first quarter of the year based on the information released by Statistics South Africa. It has been repeatedly communicated to Government for some time now that the business environment is not conducive to business operation and inevitably job creation.

Read more here.

WHAT IS CONSTRUCTIVE DISMISSAL?

A recent case before the Commission for Conciliation Mediation and Arbitration (CCMA) requires a review of a notorious topic – Constructive Dismissal.
It is often the exception rather than the rule when an employer makes continued employment intolerable for an employee with the result that the employee can claim that they have been constructively dismissed.

Read more here.

Labour brokers play valuable role, study finds

The launch this week of research undertaken by the Boston Consulting Group (BCG) on behalf of the International Confederation of Private Employment Agencies (Ciett) could not have been timed better, for those who are speaking out against the proposed amendments to labour legislation.

Read more here.

What does this mean for the Labour Relations Act and Basic Conditions of Employment Act?

The Basic Conditions of Employment Amendment Bill and the Labour Relations Amendment Bill were passed by Cabinet on Thursday 22 March 2012. The process is that they are passed to go through the Parliamentary process.

Read more here.

Lawyers Kick Chops At Labour Rules

The South African workplace, already one of the most litigious in the world, is about to become more so as the new set of labour-broker rules, pregnant with unintended consequences, emerge from the National Economic Development and Labour Council and head for Parliament.

Read more here. And here.

Association of BEE consultants appoints new execs

The National Association of BEE Consultants (NABC) is pleased to announce the election of the new Executive Committee for the 2012-2013 period, and to spearhead NABC’s strategic direction and governance.

Read more here.

When discomfort is not sufficient

A recent CCMA case of Arries vs The Effectiveness Company (2011) 20 CCMA 6.13.5 requires us to revisit a common topic, that of constructive dismissal. It is often the exception rather than the rule when an employer makes continued employment intolerable for an employee with the result that the employee can claim that they have been constructively dismissed.

Read more here.

Should you “wait and see” with the Consumer Protection Act?

A number of businesses have reacted slowly, if at all to the Consumer Protection Act. Companies are taking a “wait and see” approach.

Headlines and statistics like: “The National Consumer Commission’s call centre can’t cope. Only 8000 calls of 28000 they receive monthly, are answered. It has also been reported that the consumer commission only has enough funds to run for a month,” have not helped.

Read more here.

Verification of BBBEE finally!

VERIFICATION AGENCIES HAVE BEEN IDENTIFIED.

The South African National Accreditation System (SANAS) has now announced through the Department of Trade and Industry (the “DTI”) the first 11 Verification Agencies that are verified and approved to do verifications.

It is critically important that all enterprises ensure that their ratings are done by Verification Agencies that are approved as this will lend credibility to their internal processes and to their accreditation processes. The 11 Verification Agencies approved are:

Read more here.

Will labour remain silent on proposed amendments?

The Basic Conditions of Employment Amendment Bill and the Labour Relations Amendment Bill were passed by Cabinet on Thursday 22 March 2012. The process is that they are passed to go through the Parliamentary process. This will be followed by public hearings as well as Parliamentary portfolio committee hearings on these Bills.

Read more here.

Proposed changes to labour laws won’t fly

T’S ALMOST a year exactly since Minister of Labour Nelisiwe Oliphant published four controversial labour law amendment bills which, if made law, would have a profound effect on how the labour market in the country is regulated.

Read more here.

Workers Need Written Contracts of Employment to Protect Their Rights

Luphert Chilwane of the New Age spoke to experts about the fact that many employees are still working without formal contracts of employment, which can lead to problems when dealing with disputes or the CCMA.

Labour law expert Jonathan Goldberg told Chilwane that when there is no formal contract, a labour dispute becomes as case of the employer’s word against the employee’s. Manene Samela, general secretary of the National Council of Trade Unions, says that harsh punishments should be handed out for employers who do not abide by the laws enshrined in the Basic Conditions of Employment Act:

Read more here.

Comparative analysis of industrial action in 2010 and 2011

What is going on in South Africa in relation to the dramatic rise in strike activity? Who is to blame and what is the future
solution to this form of protest?

To answer these questions, the writer will analyse a few of the larger strikes and attempt to provide some answers.

Read more here.

How to manage absenteeism

Absenteeism is a worldwide and well-documented costly problem for employers.

In a globally competitive marketplace, companies strive to become as efficient as possible, especially in tough economic conditions.

Read more here.

‘Respect thy boss’ is lesson in CCMA ruling

The labour courts distinguish between the two offences of insolence and insubordination.

Insolence warrants disciplinary action and if it is particularly serious, dismissal. It includes impudence, cheekiness, disrespect or rudeness. It is a central tenet of the employment relationship that the employer and employee are to be treated with respect and employees cannot overstep boundaries and be rude and disrespectful to their employers or those in authority.

Read more here.

Disrespectful to your employer?

The labour courts distinguish between the two offences of insolence and insubordination. Insolence warrants disciplinary action and if it is particularly serious, dismissal. It includes impudence, cheekiness, disrespect or rudeness. It is a central tenant of the employment relationship that the employer and employee are to be treated with respect and employees cannot overstep boundaries and be rude and disrespectful to their employers or those in authority.

Read more here.

When does “employment” commence?

Employers are to be cautioned of concluding employment contracts that they are unable or unwilling to implement. The reason for this is that as soon as the applicant becomes an employee,certain onerous obligations in terms of labour law come into effect.
Read more here.

LABOUR LEGISLATION AMENDMENTS ON EMPLOYMENT VERSUS JOB CREATION AND ECONOMIC GROWTH

“Business moves. Business will not be restricted by legislation. Whether right or wrong, ethical or unethical is neither here nor there. Business will go to places where the business environment is conducive, “Jonathan Goldberg, CEO of Global Business Solutions and BUSA representative at Nedlac.
Read more here.

Implications of Consumer Protection Act

On the 1st April 2011 the long debated Consumer Protection Act (the “CPA”) 68 of 2008 came into effect. The CPA applies to all transactions in all sectors of the economy and also to the marketing and supply of goods and services.
Read more here.

Automatic termination clauses

Temporary employment contracts are common, whereby employers have successive temporary employment contracts with their employees which has the effect that the employee is not considered a permanent employee and as such, is not afforded all the rights they would be entitled to in terms of legislation.
Read more here.

The difference between ‘trapping’ and ‘entrapment’

Employers utilise a variety of methods to prove an employee’s guilt, some of which are neither recommended nor legal.
Read more here.

Fine line between poor performance and negligence

Many employees seem to labour under the impression that discipline relates only to the most common offences such as theft, dishonesty, assault and absenteeism.
There seems to be a lack of knowledge that if employees perform their jobs poorly, they can also be dismissed for misconduct.
Read more here.

Comparative analysis of industrial action in 2010 and 2011

Jonathan Goldberg says settlements will inevitably lead to job losses.
In September 2010, NUMSA embarked on a strike in the retail motor industry and the size of the strike swelled at its height to approximately 70 000 members, including petrol attendants…
Read more here.

NEF strategy queried

The National Empowerment Fund launched an enterprise-development fund this month aimed at enticing large corporations into contributing money in return for black economic empowerment score card points, a strategy questioned by some analysts.
Read more here.

What will be the cost of above inflation wage settlements?

In September last year, the National Union of Metalworkers (Num sa) embarked on a strike in the retail motor industry and the size of the strike swelled at its height to 70 000 members, including petrol attendants, motor component manufacturers and other workers in the sector.
Read more here.

Sanity prevails on new labour law

The government’s newly proposed labour laws will be watered down after business and other stakeholders challenged the draft bills.
On Tuesday, Labour Minister Mildred Oliphant confirmed changes in the draft, three weeks after The New Age reported that the four bills initiated when government spokesperson Jimmy Manyi was director-general at the department, had been rejected as badly drafted and a threat to business and investors.
Read more here.

Temporary contracts skirt labour laws

Temporary employment contracts are common. Often employers have successive temporary employment contracts with their employees, which has the effect that the employee is not considered a permanent employee and, as such, is not afforded all the rights they would be entitled to in terms of legislation.
Read more here.

Employment contract is necessary

It is unfortunate there are employees who still work without contracts of employment.
This practice often creates problems for both employer and employee, especially when faced with disciplinary matters or disputes either at the applicable bargaining council or the CCMA.
Read more here.

Compensation-hungry and reinstatement-resistant employees

The Supreme Court of Appeal recently delivered a judgment in which it dealt with the right of an employer’s ‘right to right a wrong’.
Read more here.

New earings threshold

During May 2011 the Department of Labour increased the earnings threshold for employees, which exists in terms of the Basic Conditions of Employment Act (“BCEA”).
Read more here.

Labour Bills rejected

Four bills initiated when controversial government spokesperson Jimmy Manyi was director-general at the Department of Labour have been rejected as “badly drafted” and a threat to business and investors.
Read more here.

Clarifying compensation awards

The rules regarding the amount of compensation to which an unfairly dismissed employee is entitled to, if reinstatement is not an option, have never been clarified to a significant degree.

Read more in the following publications:
• Money Web
• Look Local

Dereliction defined

Many employees seem to labour under the impression that discipline only relates to the most common offences such as theft, dishonesty, assault and absenteeism.
There seems to be a lack of knowledge that if an employee performs their jobs poorly, they can also be dismissed for misconduct.

Read more in the following publications:
• The New Age
• Money Web

The price of negligence

There is a lack of knowledge that if an employee performs poorly they can be fired for misconduct.
Read more here.

Desertion or abscondment?

In the next instalment in a series of articles relating to labour matters, Jonathan Goldberg, chief executive officer of Global Business Solutions, looks at what to do when employees go awol.
Read more here.

Termination of employment of imprisoned employees

What are the entitlements of an imprisoned employee?
Read more here.

Amendments to Employment Laws

A number of amendments to South Africa’s labour laws, which appear imminent, are examined in this article by labour law experts, reports the Daily Dispatch.
Read more here.

Earnings threshold affects employers

A new earnings threshold announced by the labour minister entitles certain employees to now be compensated for overtime, a lawyer said on Monday.
Read more here.

Fixed Term Contracts

Make sure your fixed term contracts are in order.
In the much publicised case of the Executive Mayor of the City of Cape Town Municipality there are some important learning lessons that come out in fixed term contracts from this case.
Read more here.

New BBBEE Codes well received

The Broad-Based Black Economic Empowerment Codes of Good Practice (BBBEE) came into effect this year. Here’s a look at why they’ve been generally well received – as well as a few of the idiosyncrasies that’ll need some ironing out.
Read more here.

What constitutes a “valid” medical certificate

The abuse of sick leave is costing employers billions of rands every year in South Africa.

Read more in the following publications:
• Business Brief
• Look Local
• Money Web

Polygraph testing in the workplace

Employers are often faced with misconduct or criminal activities such as theft in the work environment, without knowing where, how and by whom it is committed.

Read more in the following publications:
• Business Brief
• The Citizen
• Global Advisors

Important to apply consistency in the workplace

One of the basic principles of natural justice is that two people who are guilty of the same misconduct should be disciplined in similar ways
Read more in the following publications:
• The New Age Mobi
• The New Age

Non-traditional reasons for absenteeism

Usually any unauthorised absence of an employee from work on its own will typically not lead to a dismissal.
Read more here.

SMS Resignation can be final

Johannesburg – Labour law consultants warn that making loaded suggestions in an SMS such as wishing to resign could hold up in court.

Read more in the following publications:
• News24.com
• MyBroadband Mobile
• Business Day
• Cape Times
• City Press
• Durban Invest
• East Coast Radio
• Solidarity SA
• The Sowetan
• The Mercury
• The New Age
• Times Live
• The Witness
• Business.iafrica.com
• Look Local

Register today to obtain an accredited and recognised NQF 7 qualification.

View our detailed brochure here.

1. Introduction

This was the sixth scheduled session and a follow – up on the one held in Bloemfontein on 23 April 2012. There was a very late venue change.

The proceedings started at 10:00 am. The local chap, did not introduce himself, but rather introduced proceedings.

Read more here.

Read More here.

And here.

1. Introduction

This was the fifth scheduled session and a follow – up on the one held in Durban on 18 April 2012. The Rustenburg session had been postponed from Friday to the 10th of May.

The proceedings started after 10:00 am. Marsha Bronkhorst introduced proceedings. Today was introduced as the feedback session.

Parties present were introduced : Mr Mkalipi(Chief Director of LR); Ian Macun(Director-collective bargaining) ;Virgil Seafield(Director – Employment Standards);Pume(Provincial control inspector)

Copies of the tabled Bills and slideshow were provided in a well set out pack upon signing in.

There was a poor turnout – perhaps 75 people, which eventually grew to over 100 after 10am.

Read more here.

Federation outlines activities for April 30 strike against act of highway robbery

COSATU rolling mass action on E-tolling and Labour Brokers

The Congress of South African Trade Unions is mobilizing its two million members for the mother of all protests against the act of highway robbery set to be committed from 30 April 2012 – the Gauteng e-tolls!

The federation filed a Section 77 notice on 16 April 2012 which will enable workers to engage in protected protest action in the form of a national stay-away on the 30 April 2012.

As part of the mobilisation programme against the veiled privatisation and commodification of our roads through the e-tolling system, COSATU will be embarking on marches, pickets, rallies, sit-ins and freeway blockades across most of our provinces.

COSATU will also be undertaking various protest actions in different provinces as part of advancing our demand for the banning of labour brokers.

Details of the Protest Activities

Gauteng
Night vigil at the Tshwane Department of Roads and Transport on 25 April 2012
Picket at the SANRAL offices on 25 April 2012 from 12h00-14h00
Pickets at the Tshwane Department of Roads and Transport on 26 April 2012 from 15h00
Freeway/Toll Road Action on 30 April 2012.

North West
Night Vigil at the Swartruggens toll gate on the 20 and 21 April 2012

Eastern Cape
Provincial marches on 21 April 2012 in East London, Port Elizabeth, Mthatha and Lusikisiki
Workplace lunch hour demonstrations and pickets from 26-30 April 2012

Free State
Joint local Shop Stewards council on 21 April 2012, Bloemfontein
Workplace lunch hour pickets and demonstrations from 23-24 April 2012

Western Cape
Occupation/Siyalalala/Sit-in at the Provincial Department of Labour offices on 23 April 2012
Workplace lunch time pickets and demonstrations 24th April 2012 at Epping Bofor Circle – Montague Gardens and Woolworths distribution centre in Montague Drive

COSATU is confident that that the 30th April actions we will be joined by thousands of angry residents and motorists who support our demand for the scrapping of the e-tolling system.

COSATU strongly believes that the pressure of the masses is crucial to forcing government to back down on this blatant extortion. Our aim is to make the tolls uncollectible and force the government and SANRAL to find more equitable ways to pay for road improvements.

We urge all members of the public, across different parts of South Africa, to pledge support for the campaign by joining the protest actions and by defying the call to purchase e-tags.

Statement issued by COSATU, April 19 2012

As we did last year, CAPES has sent a representative from Jonathan Goldberg’s office to each session to provide comment and to ask questions on our behalf.

Read more here.