The Commission for Conciliation, Mediation and Arbitration (CCMA) was designed to be South Africa’s workplace safety net—a place where employees and employers could resolve disputes fairly and efficiently. But what happens when the safety net itself is torn?
Following our exploration of workplace misconduct last month, we’re now turning to another critical area that generates frequent questions: how to handle employee illness and injury when it affects job performance.
In recent months, our team has chaired numerous disciplinary hearings across various industries. Whether conducted in person or online, we’ve noticed consistent patterns that often undermine what should be a fair and effective process. Here’s what we’re observing and how both employers and employees can get disciplinary hearings back on track.
When most employees and employers think about workplace disputes, they immediately focus on unfair dismissals. However, South African labour law provides protections against a much broader range of unfair employer conduct through provisions on unfair labour practices and constructive dismissals. Understanding these concepts is crucial for both employers and employees to maintain fair workplace relationships.
In today’s evolving workplace, non-standard employment arrangements have become increasingly common. However, both employers and employees often struggle to understand their rights and obligations under these arrangements. Let’s break down the key aspects of non-standard employment as defined in the Labour Relations Act.
Most of us think we understand employment contracts until we actually need to use them. That’s when the surprises start emerging – and they can be significant for both employers and employees. Let’s uncover some of the most important truths that could impact your working relationship.
Understanding the Basic Conditions of Employment Act (BCEA), No. 75 of 1997, is crucial to both employers and employees in South Africa. The BCEA serves as the cornerstone of employment conditions, laying out minimum leave entitlements that protect employees while providing clarity for employers. In this blog post, we discuss and unpack key provisions related to leave, explore common misconceptions, and highlight important distinctions in leave types, helping you navigate this often complex area.
Navigating retrenchments is a sensitive, complex process – one that goes far beyond the logistics of reducing headcount. At Justine Del Monte & Associates, our approach is to minimise litigation risk while ensuring that proper and efficient workplace practices, procedures and controls are implemented during this process. Recent retrenchment announcements from major retailers Superbalist and […]
