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Preparing for an Arbitration Hearing in the CCMA

The Commission for Conciliation, Mediation and Arbitration, commonly known as the CCMA, is a statutory body which aims to “advance economic development, social justice, labour peace and the democratisation of the workplace”. It is established in terms of Section 112 of the Labour Relations Act, 1995 (Act no. 66 of 1995) [as amended] and is Section 23 of the Constitution of the Republic of South Africa (1996). Its functions, office, and area of jurisdiction are set out further in Chap...
South Africa Republic Of South Africa Commission For Conciliation Labour Relations Act Labour Relations Basic Conditions

The Potential Conflict Between The Definition Of Employee And The Four Day Work Week

The four-day workweek has recently become a topic of debate as a potential solution to the burnout epidemic due to the covid-19 pandemic. The cause is for various factors, but it has brought to light the importance of employee wellness and the need for work-life balance in the modern age of constant connectivity. In this article, the definition of an employee under the Basic Conditions of Employment Act1 (“BCEA”) and the concept of a four-day workweek and how these two factors can in...
South Africa Constitutional Court Gbenga Oluwatoyav Rickett Benckiser Sa Pty Ltd Basic Conditions Employment Act Rickett Benckiser

Unfair dismissal of employees that refused to work overtime

For many years I have personally cautioned employers attending our training to be mindful of section 10 (5) of the Basic Conditions of Employment Act. This section requires that an agreement to work overtime, concluded during the first three months of employment (typically in a contract of employment), must be renewed after the first 12 months of employment. Failure to do so will render the initial agreement to work overtime to be of no effect. The subsequent dismissal of an employee for ...
Palluci Home Depot Pty Ltdv Herskowitz Labour Appeal Court Labour Court Sanction Labour Court Basic Conditions Commission For Conciliation

New earnings threshold effective 1 March 2023

As of 1 March 2023, South Africans will see the implementation of the increased annual earnings threshold determined by the Minister of Employment and Labour (Minister) in the amount of R241,110.59. This represents an increase of R17,030.11 from the previous amount of R224,080.48, which has been in effect since 1 March 2022. The earnings threshold impacts on the application of provisions of the Basic Conditions of Employment Act, 1997 (BCEA), the Labour Relations Act, 1995 (LRA) and the ...
South Africa South Africans Labour Court Basic Conditions Employment Act Labour Relations Act

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