Tag: law

  • Cannabis and the Employment Context – Update

    Following an earlier opinion I provided on the Impact on the Constitutional Court’s Judgement legalising the use of Cannabis in the Workplace, there has now been sufficient time for the courts to determine the effect of that Judgement in the Workplace. Read my earlier opinion here The Labour Court pronounced on the issue in the…

  • Labour Relations Act, 1995 (Act No. 66 of 1995)

    To change the law governing labour relations and, for that purpose- to give effect to section 23 of the Constitution; to regulate the organisational rights of trade unions; to promote and facilitate collective bargaining at the workplace and at sectoral level; to regulate the right to strike and the recourse to lockout in conformity with…

  • Summary of Amendments to Labour Legislation

    Following the president signing the much anticipated amendments to South African Labour Legislation into law on the 23rd of November 2018, these amendments were gazetted on the 27th of November 2018 and we herewith provide a brief summary of the biggest changes that take effect from the 1st of January 2019: Basic Conditions of Employment…

  • Caselaw Update – December 2018

    IMATU obo Joubert v Modimolle Local Municipality [2018] 11 BLLR 1106 (LAC) Unfair Labour Practice Award cannot restore an employment relationship which has subsequently terminated, ie that the employee was dismissed and/or terminated following the commission of the Unfair Labour Practice, the CCMA cannot re-instate the employee to the employer. South African Municipal Workers Union…

  • Minimum Wage and other Labour Acts signed by the President

    On the 23rd of November 2018, President Cyril Ramaphosa signed into law the much debated and publicized and oft criticized amendments to Labour Legislation which would, amongst others give effect to the national minimum wage of R 20.00 per hour. These amendments are taking effect on the 1st of January 2019, and while various media…

  • Dagga Legalized? Marijuana and the Employment Context

    On the 18th of September 2018 the Constitutional Court handed down a judgement which is being widely reported to have legalized marijuana for private use within the Republic of South Africa. What does this mean for your business? Before we get to the direct impact on you, the employer, let us first consider the background…

  • Are Temporary Contracts Dead

    Following the promulgation of The Labour Relations Amendment Act (Act 6 of 2014) on the 1st of January 2015, various changes occurred within the framework of the Labour Relations Act (Act 66 of 1995, as amended) of which some impact om temporary workers. While many of these amendments became effective immediately on the 1st of January, some…