Step-by-Step Guide: Presenting an Employer’s Case at Arbitration at the CCMA South Africa
Introduction: Arbitration at the CCMA (Commission for Conciliation, Mediation, and Arbitration) in South Africa is a crucial process for resolving employer-employee disputes. As an employer, it is essential to navigate the arbitration process effectively to ensure a fair and favourable outcome. This step-by-step guide will walk you through the process of presenting an employer’s case […] CLICK HERE TO READ THIS ARTICLE...
 Ensuring Timely Salary Payments: The Importance for Employers and the Consequences of Non-Compliance in South Africa
Introduction: One of the fundamental responsibilities of any employer is to ensure that their employees are paid their salaries promptly and accurately. Timely salary payments not only foster a positive work environment but also play a crucial role in maintaining legal compliance. In South Africa, the Basic Conditions of Employment Act (BCEA) provides clear guidelines […] CLICK HERE TO READ THIS ARTICLE...
Increase in the National Minimum Wage Effective March 1, 2024
Overview As of March 1, 2024, South Africa’s national minimum wage will see a significant increase of 8.5%, rising from R25.42 to R27.58 per ordinary hour worked. This adjustment comes after the Minister of Employment and Labour’s announcement on February 1, 2024. Who Does it Apply To? The increase in the national minimum wage will […] CLICK HERE TO READ THIS ARTICLE...
Dealing with Theft in the Workplace and the factors to raise when presenting an Employer’s Case at the CCMA:
When an employer is faced with an employee who is suspected of committing theft in the workplace and decides to take disciplinary action, the employer may dismiss the employee. However, the dismissed employee may challenge the dismissal and refer the matter to the CCMA for arbitration. To strengthen their case during the CCMA arbitration, employers […]
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CLICK HERE TO READ THIS ARTICLE... 📢 Important Announcement: Employee Retrenchment Process in South Africa 🇿🇦
📢 Important Announcement: Employee Retrenchment Process in South Africa 🇿🇦 Dear Employers We understand that discussing retrenchment can be a challenging and sensitive topic. However, employers must ensure that the process is conducted in a fair and transparent manner, adhering to the guidelines outlined in Section 189 of the Labour Relations Act. Here […] CLICK HERE TO READ THIS ARTICLE...
Managing the Employment Relationship: Effective Strategies for Addressing Employee Grievances in the Workplace
This article provides guidance to employers on effectively managing the employment relationship when an employee has a grievance. It highlights the importance of sound workplace relationships and the need to protect both employees and employers from unfair and arbitrary actions. The article explores the purpose and benefits of grievance and disciplinary procedures as mechanisms for […] CLICK HERE TO READ THIS ARTICLE...
Preparing for a CCMA Con-Arb Process: A Guide for Employers in South Africa
Introduction As an employer in South Africa, it is important to be well-informed and adequately prepared when facing a CCMA (Commission for Conciliation, Mediation and Arbitration) con-arb process. The CCMA serves as a crucial institution for resolving labour disputes and conflicts in the workplace. The con-arb process combines conciliation and arbitration, providing a streamlined […] CLICK HERE TO READ THIS ARTICLE...
You may just need to retrench employees to save the jobs of your other employees.
In times like these an employer, small business owner, may feel that every price is going up, and sales are going down and the thought of business closure is always looming… How can restructuring or Retrenchments help? In the face of escalating costs and economic uncertainty, South African small to medium enterprises (SMEs) are finding […] CLICK HERE TO READ THIS ARTICLE...
Managing Poor Work Performance: A Comprehensive Approach to the Employment Relationship
This article explores effective strategies for managing poor work performance within the employment relationship. Employers have the responsibility to establish reasonable performance standards and ensure that employees adhere to them. When an employee consistently fails to meet these standards, employers must address the issue in a fair and constructive manner. This article outlines the steps […] CLICK HERE TO READ THIS ARTICLE...
Automatic Unfair Dismissal and Jurisdiction Challenges in Mental Health CasesÂ
Introduction Automatic unfair dismissal refers to situations where an employer terminates an employee’s contract for reasons explicitly prohibited by the LRA. These reasons are outlined in Section 187(1) of the South African Labour Relations Act (LRA). One such prohibited reason is unfair discrimination. In summary Section 187 of the LRA states the following: Section 187 […] CLICK HERE TO READ THIS ARTICLE...
Determining the Nature of Sick Leave Abuse: Misconduct or Incapacity?
This article examines the challenges faced by employers when confronted with cases of excessive sick leave and the dilemma of distinguishing between misconduct and incapacity. The article explores the factors and considerations that come into play when determining whether an employee’s sick leave is genuine or an abuse of the system. Drawing insights from relevant […]
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CLICK HERE TO READ THIS ARTICLE... Understanding Employer’s Legal Obligations to Employees after Termination
Understanding Employer’s Legal Obligations to Employees after Termination As an employer, it is essential to be aware of your legal obligations to your employees when the employment relationship comes to an end. This article will guide you through the various termination scenarios and the steps you need to follow to comply with the law. Termination […] CLICK HERE TO READ THIS ARTICLE...
How to Guide for Employers: Dealing with Employee Strikes and Protest Action
Understand Employee Rights: According to the Constitution of the Republic of South Africa, employees have the right to strike. Section 23(2) of the Constitution states that workers have the right to form and join a trade union, participate in union activities, and engage in a strike. Differentiate Between Protected and Unprotected Strikes: The Labour Relations […] CLICK HERE TO READ THIS ARTICLE...
A step-for-step guide on how employers should embark on the retrenchment process of employees:
Section 189 of the Labour Relations Act allows employers to retrench employees. However, there are strict requirements that the employer has to follow before retrenching an employee. Before we get into the requirements that need to be followed, let us look at the 3 reasons that an employer can use to retrench. There are only […] CLICK HERE TO READ THIS ARTICLE...
Importance of Job Descriptions for Employers
Job descriptions are crucial and a must for effective communication of job duties and responsibilities to their employees. These descriptions play a vital role in ensuring that employees are aware of their expected roles. Furthermore, job descriptions serve as a benchmark for managing performance and evaluating outcomes. By providing clarity to employees, they establish a […]
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