Author Archive | Candace Bachmann

PRESCRIPTION OF ARBITRATION AWARDS

FAWU obo Gaoshubelwe v Pieman’s Pantry (Pty) Ltd [2018] 6 BBLR 531 (CC) Is the Prescription Act 68 of 1969 (“PA”) compatible with the Labour Relations Act 66 of 1995 (“LRA”) and how does such (in)compatibility affect the prescription of arbitration awards? In the abovementioned matter Appellant, represented by the union, was dismissed for participating […]

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COVID-19 WORKPLACE HEALTH AND SAFETY PROTOCOLS MUST STILL BE TAKEN SERIOUSLY

Eskort Limited // Stuurman Mogotsi and 2 others JR1644/20 [2021] ZALCJHB 53 Introduction While many South Africans may have become desensitised to the current COVID-19 pandemic, the legislation implemented to protect employees within the working environment is still very much in force and must at all times be adhered to by employers and employees. The […]

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RETRENCHMENT – DOES A FAILURE TO ACCEPT A CHANGE TO TERMS AND CONDITIONS OF EMPLOYMENT RESULT IN AN AUTOMATICALLY UNFAIR DISMISSAL?

National Union of Metal Workers of South Africa vs Aveng Trident Steel and another [2021] 1 BLLR 1 (CC) Introduction Does the refusal by an employee to accept a change to terms and conditions of employment as an alternative to retrenchment constitute a “refusal to accept a demand in respect of any matter of mutual […]

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LOCKDOWN PROS & CONS

PROS AND CONS EXPERIENCED BY EMPLOYERS AND EMPLOYEES DURING LOCKDOWN We can say with a great amount of certainty that when President Ramaphosa informed the country of the national lockdown most employers and employees were unprepared for the challenges associated with the lockdown. Notwithstanding the challenges, many companies found their footing a few months down […]

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DOMESTIC WORKERS

LEGISLATIVE AMENDMENTS GEARED TO PROTECTING DOMESTIC WORKERS Domestic workers (“dw“) and their contributions toward the growth of South Africa and its economy has previously not been recognised. Unfortunately, most dw are faced with poor employment conditions, are not properly remunerated for their work and generally undervalued. There does now however appear to be a shift […]

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ATTORNEY VS ADVOCATE

HOW TO BECOME AN ATTORNEY OR ADVOCATE AND THEIR DIFFERENCES To become an attorney, one must first complete a Batchelor of Laws (LLB) degree at a recognised university in South Africa. Thereafter one must secure articles of clerkship, a form of an internship, at a practising law firm as a candidate attorney or clerk. Articles […]

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