Publications & Interviews
January 4, 2012 Tags: Interviews, Publications
Category: Latest News No Comments 
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.
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:
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.
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.
‘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.
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.
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…
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”).
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:
•
• 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
•
The price of negligence
There is a lack of knowledge that if an employee performs poorly they can be fired for misconduct.
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?
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
•
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.
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