employment articles

Tinkering with the labour market: amendments to the lra now imminent
Friday, January 10, 2014 14:46:56

The Bill proposing amendments to the Labour Relations Act (LRA) was finally tabled in Parliament on 20 June 2013. The amendments have changed substantially over the course of the long journey since a draft was published for comment in December 2010. While the sharpest controversy has been reserved for proposals to restrict the use of labour brokers, there has been much public debate over provisions aimed at reducing strike violence and easing majority union powers to control the organizational rights of other unions.
Question and Answer with Rosemary Hunter
Friday, January 10, 2014 14:43:00

The South African National Treasury recently released for public comment a policy discussion paper addressing retirement fund costs and which indicates that these are amongst the highest in the world. This, according to the policy document, is problematic since costs erode the retirement benefits of hard working South Africans. This is happening in an already precarious landscape, says the Treasury, with only half of the formally employed participating, and low balances partly due to lack of preservation when members switch employment. In order to deal with this state of affairs, the National Treasury proposed several broad reforms to the retirement funding industry. Some of these proposed changes are legislative, others not.
Legislative soap opera introduces a changing labour landscape
Friday, January 10, 2014 14:34:00

Much has been written about the proposed amendments to the Labour Relation Act, 1995 (“lra”) relating to atypical working arrangements. At times, the passage of these provisions has taken on the characteristics of a legislative soap opera, with last minute twists and turns. Despite the six-month exemption period initially agreed on in National Economic Development and Labour Council (Nedlac), the most recent (and likely final) version of the Labour Relations Amendment Bill (the Bill) tabled before Parliament provides that three months after the amendments to the lra come into effect, a temporary employment service (TES) employee who earns on or below the threshold prescribed by the Minster of Labour from time to time (currently zar193 805.00 a year ) will be deemed to be the employee of the client if they perform work for the client for a period in excess of three months.
Is A Travel Allowance A Benefit As Contemplated Under The Labour Relations Act 66 Of 1995
Friday, August 23, 2013 09:37:00

There has been some debate in our law over recent years where the CCMA and the Labour Court has had to consider whether various allowances such as a travel allowance or an acting allowance constitute a benefit as contemplated in s186 (2)(a) of the LRA. The question whether a travel allowance constitutes a benefit in terms of s186 (2)(a) of the LRA goes to the jurisdiction of the Commission for Conciliation, Mediation and Arbitration (the CCMA) to hear unfair labour practice disputes.
The employee benefit consequences of cross-border secondments
Tuesday, July 16, 2013 12:42:04

As companies expand their operations into Africa, demand to reallocate resources, including skilled employees, to foreign operations continues to grow. Cross-border secondments provide companies with access to the skills and expertise they require and also provide an opportunity for a transfer of skills to take place. Secondments of this nature are not only beneficial to companies but are also an incentive for employees seeking to broaden their skills set while exploring other jurisdictions.
Employers face harsh consequences for failure to use polygraph tests correctly
Wednesday, March 06, 2013 17:07:00

It is apparent from recent case law that there are stringent requirements for the use of polygraph tests by the employers in the context of promotions, with harsh consequences for failure to use the tests correctly.
Employers may withhold pension benefits if an employee has acted fraudulently
Tuesday, July 31, 2012 11:01:51

Employers invest significant resources in their employees and they accordingly place much value and trust in them. For this reason, fraud or theft perpetrated against an employer by one of its trusted employees is unpalatable and indeed, unacceptable – to an employer. In almost every case, by the time the fraud, theft or misconduct is detected, the employer has already suffered a considerable loss. Although employers are often quick to investigate the circumstances surrounding fraud, theft or misconduct perpetrated against the company, employers tend to be hesitant to initiate civil proceedings against guilty employees out of concern that the employee would not have sufficient assets to satisfy any judgment that is ultimately obtained.
How alcohol and drug abuse can be eliminated from the workplace
Tuesday, July 31, 2012 10:55:56

An alarming number of Cape Town companies are seeking help for employees who use – and in some cases even sell – drugs in the workplace. So concluded a recent story in a local newspaper, which drew its findings from the Medical Research Council (MRC), which warned that several large firms faced the dilemma of employee drug use. However there are no official numbers and no national guidelines for dealing with the problem, which is not confined to any specific sector or career.It is generally recognised that alcohol and drug abuse impact negatively on productivity and general health and safety, not only in the workplace but in society at large. It is something of which employers obviously want to rid themselves.
High Court Actions Concerning Unfair Retirement Fund Rules
Friday, June 15, 2012 13:48:34

This section may be disheartening for members faced with unfair pension fund rules. Many believe that the section would defeat any claim they may bring against the fund concerning the application of those rules and so they turn instead to the road more travelled to the CCMA. They hope that, by attributing to their employer the failure of the board to ensure that the rules of the fund are fair, they may bring their dispute with the fund under the jurisdiction of the CCMA.
SA institutional investors to adapt to new playing fields
Tuesday, November 23, 2010 14:20:57

South Africa’s institutional investors have been challenged to conduct their business on a new playing field following publication of the Draft Code for Responsible Investing.
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