Articles

Retrenchments: The element of Substantive Fairness

With unemployment levels as high as they are in South Africa, Employers need to be overly cautious when dismissing an Employee and taking into account that the services of the CCMA are free to parties, Employees are, more often than not, not hesitant to refer a dispute to the Commission, or even the Labour Court…

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Is your Company/Business/Office Labour Law compliant?

Please read all the questions below and if you have any questions regarding these Labour Laws, or whether your Company / Business / Office is Labour Law compliant, or if you would like to book a company audit, feel free to schedule a consultation with us. Contact Colleen Harley: bookkeeping@dtattorneys.co.za Martinette De Beer : admin@dtattorneys.co.za…

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COVID-19 PANDEMIC: A LEGAL PERSPECTIVE

The recent COVID-19 pandemic has caused grave challenges throughout the world and South Africa is no exception. As a result, the President, Mr Cyril Ramaphosa has attempted to mitigate the effect of the coronavirus by implementing a nationwide lockdown. Despite the praise received for this decision, a decision of this magnitude is bound to have…

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Disciplinary Hearings: The Correct Procedure

When considering disciplinary steps against an employee, the employer should apply the principle of progressive discipline. In other words: a verbal warning, written warning and then final written warning followed by a disciplinary hearing, if warranted. In our next article we explain the procedure that should be followed in order to correctly discipline an employee…

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THE CONSTITUTIONAL COURT HAS THE FINAL SAY ON, OFTEN PESKY, TEMPORARY EMPLOYMENT SERVICE PROVIDERS (AKA LABOUR BROKERS)

Before the recent defining case of Assign Services (Pty) Limited and National Union of Metalworkers of South Africa, labour brokers and their Client Companies under S198A (3)(b) specifically of the Labour Relations Act (LRA) as amended in 2014, had uncertainty regarding who the actual Employer was of workers employed by the broker initially. In other…

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DELAYS CAUSED BY THE APPLICANT IN REVIEW PROCEEDINGS

There are various instances whereby the Applicant, generally the Employer, delays   review applications in an attempt to frustrate the Respondent. The Labour Appeal Court (LAC) in Macsteel Trading Wadeville v Francois van der Merwe and Others recently examined the undue delay in review applications. In this matter, NUMSA instituted proceedings to review an arbitration…

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DELAYS CAUSED BY THE APPLICANT IN REVIEW PROCEEDINGS

Where the CCMA or a bargaining council has ruled against an employee or employer, either party is entitled to institute review proceedings in the Labour Court. Parties pursue this litigious route on the premise that a review application is intended to be a swift remedy. Regrettably, there are occasions wherein the Applicant, generally the Employer,…

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Does the CCMA have jurisdiction to hear your matter?

  Our client recently had a dispute set down for hearing at the CCMA wherein the main issue for determination was the severance pay owed to him. From the outset, the Commissioner was concerned as to whether the CCMA had jurisdiction to hear the dispute before it.   In such a matter, there is an…

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Arrested employees

  Employers never imagine they could find themselves in a position where an employee has been arrested. In these situations the rights of the employee have to be balanced with the impact on the workplace and other employees.     Employees who have been arrested can have a negative impact on the Employer’s business. Generally,…

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