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Employers: MANAGING SHOP STEWARDS
Don’t underestimate the power of trade unions The trade union movement in South Africa is extremely powerful. This is not only because of the high proportion of unionised employees and because of the extremely strong legislation supporting unionisation but also...
Everything you need to know about SA’s unemployment rate
As South Africa continues to make its economic recovery millions of South Africans have been left jobless. From retrenchments to contracts not being renewed, losing a job can be one of life’s most stressful experiences. However, it’s important to note that this isn't...
Employers – POOR PERFORMERS ARE PROTECTED FROM UNFAIR DISMISSAL
The level of work performance of employees is a crucial factor in the advancement of South Africa’s economy and in the success of each enterprise. This is one reason that the law does allow employers to dismiss employees who fail to perform according to performance...
How to deal with burnout
Dream job or not, you’re bound to encounter work related stress from time to time. However, the stress can be overwhelming and result in burnout. Although burnout isn’t a medical diagnosis, some medical experts believe that other mental health conditions such as...
STRIKES CAN BE PREVENTED THROUGH PRIVATE ARBITRATION
The losses resulting from strike action raise the question of how such strikes can be prevented. The consequences of strikes can include: The employer’s loss of clients Financial losses for businesses Closure of businesses Industrial sabotage Loss of pay and financial...
The benefits of working remotely
As South Africa continues to make its economic recovery as a result of the COVID-19 pandemic, many businesses’ have had to make the difficult decision in closing their doors and working from home for the employees’ safety. What does it mean to work remotely? While it...
PRE ENROLMENT DATES FOR 2021 – Tshwane South TVET College
Tshwane South TVET College has opened pre-enrolment dates for 2021. These are referred to application dates according to the TVET academic terms. Therefore, prospective students are urged to apply timeously in order to avoid disappointment as spaces are limited. ...
Employers: Dismissals can be incompatible with the law
Employees who are seen as trouble makers, eccentrics, disruptive, disagreeable, pushy, non-compliant, independent or who merely refuse to ‘suck up’ to the boss often find themselves on the wrong side of the exit door. In the absence of statutory guidance, case after...
Employers: DISMISSING SHOP STEWARDS IS NOT EASY
The term ‘shop steward’ is a colloquial one and refers to the employee elected as the workplace representative by fellow employees who belong to the relevant trade union. The Labour Relations Act (LRA) officially refers to shop stewards as “trade union...
Employers: You could be stuck with re-instated employees
When it has been found that an employee has been unfairly dismissed the Labour Relations Act (LRA) requires arbitrators and judges to use reinstatement as the remedy of first resort That is, forcing the employer to take the employee back (often with full back pay)...
EMPLOYERS: YOUR DISCIPLINARY CODE KEEPS YOU ON THE RIGHT ROAD
Labour legislation requires of employers to ensure that their “…standards of conduct are clear and made available to employees in a manner that is easily understood.” Therefore, two of the many things that an employer may be required to prove when it is dragged to the...
CONTRACT TRANSFERS CAN CONSTITUTE SECTION 197 TAKEOVERS
Section 197 of the Labour Relations Act (LRA) places heavy responsibilities on the employer who takes over the business (or part thereof) of another employer as a going concern. This section forces the new employer to take over all the labour related obligations of...
EMPLOYERS ARE NOT PROTECTED BY THE CORPORATE VEIL
The Labour Relations Act (LRA), in its definition section says that an employee is someone who works for an employer. However, the designers of the LRA failed to define the term ‘employer’. This renders confusing our understanding of what an employer is and what an...
The benefit of strong boundaries
Do you often feel taken advantage of, or that you give too much without getting anything back in return – both in your personal and professional life? It might be worth considering whether this is because your personal boundaries are not clear or strong enough....
Employers: UNFAIR DISCIPLINE CAN CAUSE CONSTRUCTIVE DISMISSAL
Constructive dismissal means that the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer’s intolerable conduct. Due to the fact that the employee alleges that the resignation was...