Disclaimer

 

Disclaimer  

No liability Clause

 

Please note that by this web page, you agree with our terms and conditions as set out hereunder.

 

Although the SA Labour Guide endeavours to supply correct and updated material, it does not guarantee the correctness thereof, nor accept any liability for any incorrect or outdated information or statements herein. The labour laws in South Africa change continuously and employers should stay up to date with new developments.

 

We accept no responsibility or liability whatsoever for any adverse consequences that may arise, including but not limited to, financial loss, compensation orders, fines, CCMA awards, award of damages, interdicts, Court orders, rulings or findings or loss of employment, as a result of the use of any information obtained from this bundle.

 

All information, contained herein is supplied with the sole purpose of being a guideline for employers and readers and should not be copied and used without considering and adapting it to the employer’s particular circumstances as well as the most recent labour and employment law developments. This web page should not be seen as a comprehensive legal solution to any legal or labour problem, but only to supply basic guidance and to point the user in the right direction.  If ongoing correspondence or further advice is necessary, you are free to contact us and arrange a consultation with one of our consultants at our usual scale of rates, or contact your own attorney or the CCMA on their website www.ccma.org.za. In addition, users are encouraged to contact the authors directly for further advice.

 

It should be noted that sectoral determinations in terms of the Basic Conditions of Employment Act applies in the industry it has been promulgated for. The determinations do not apply to workers who are covered by another sectoral determination, or a bargaining council agreement, entered into in that specific sector.

 

The Basic Conditions of Employment Act applies in respect of any other matter not covered by the sectoral determination. This does not preclude employers from negotiating with recognised unions on employment matters not regulated by sectoral determinations or applicable bargaining council agreements.

 

The CCMA Forms, sectoral determinations, policies and certain guidelines are available on the CCMA at www.ccma.org.za or www.labour.gov.za

 

Please note that this is not the Commission for Conciliation, Mediation and Arbitration (CCMA), you may find the CCMA on www.ccma.org.za. The South African Labour Guide is a private company and has no association with the Commission for Conciliation, Mediation and Arbitration (CCMA).

 

 

 

 

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

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Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

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Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

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Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

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Courses and Workshops

 

                                         

 
 

Employment Equity Committee Training

23 August 2019 (Fully Booked)

Emperors Palace: Convention Centre

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

Tsogo Sun: Century City: Cape Town

27 September 2019

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Basic Labour Relations

04 September 2019

Emperors Palace: Convention Centre

Compensation for Occupational Injuries and Diseases Course

12 September 2019

Southern Sun: Maharani Towers: Durban

The OHS Act and the Responsibilities of Management

13 September 2019

Southern Sun: Maharani Towers: Durban

19 September 2019

Emperors Palace: Convention Centre

28 November 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

Managing Day to Day Issues/ Problem Employees Full day workshop

20 September 2019

Emperors Palace: Convention Centre

27 September 2019

Tsogo Sun: Century City: Cape Town

AARTO and the Impact on Your Business

03 October 2019

Emperors Palace Convention Centre

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

21 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

22 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

  

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