Employment Newsletter

THE ADVISORY ARBITRATION PANEL: A CURB TO INTRACTABLE VIOLENT STRIKES?

On the 25th of April 2018, thousands of workers took to the streets in a protest against the proposed amendments to the country’s labour legislation. One of these amendments includes the proposed amendment to curb intractable violent strikes, through the establishment of an advisory arbitration panel. Following incidents like Marikana, it has become necessary for the legislature to enact legislative provisions to address violence during strikes, particularly protected strikes.

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THE NEW NATIONAL MINIMUM WAGE: ARE YOU READY?

Come the 1st of May 2018, businesses will see the much anticipated National Minimum Wage Bill (“NMWB”) enacted into legislation. On the back of the promulgation of the NMWB, we will also see amendments to existing labour legislation to assist in the enactment of the NMWB (for example the Basic Conditions of Employment Act).

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RE-INSTATEMENT: THE PRIMARY REMEDY UNDER THE LRA

Modern day employees are well versed in their employment rights, especially when it comes time to head down to the CCMA. But how clued up are employers in understanding what risks they are exposed to when matters come before a Commissioner at the CCMA?

We will be reviewing unfair dismissal remedies, more particularly reinstatement.

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RESIGNATIONS: THE “SILVER BULLET” TO DISCIPLINARY

You suspect an employee has committed gross misconduct. You investigate, lay the groundwork and issue a charge sheet calling the employee to a disciplinary hearing. You hold all the cards when – BAM – the employee hands in a letter of resignation. What now?

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