INTRODUCTION The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is an independent body that aims to promote fair labour practices by resolving labour disputes between employees and employers under the Labour Relations Act (LRA). The commissioner’s role is to try to resolve a dispute referred to it by conciliation, within thirty (30) days of it …
Preparing for a CCMA arbitration by Waseem Hussain Read More »
The recent Constitutional Court judgment in Allan Long v South African Breweries (CCT61/18) [2019] ZACC 7 (19 February 2019) provides clarity on the law relating to the suspension of an employee. Mr Long was employed by South African Breweries (“SAB”), as a district manager. SAB informed him about certain irregularities concerning the vehicle fleet under …
Do Employees Have a Right to a Pre-Suspension Hearing? by Wasseem Hussain Goolam Read More »
If an employee has been demoted after a fair process and has accepted the demotion, could they still go to the CCMA for unfair labour practice. It’s important to first take into account the circumstances. A case involving Builders Warehouse The facts in Builders Warehouse (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and …
In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice dispute concerning this demotion to the CCMA. The facts in Builders Warehouse …
Can I still make a case of unfair labour practice if I have settled? Read More »
Doris, a domestic worker, demands a Christmas bonus from her employer in the amount of R1 000. She has not yet been employed for longer than a year and as a result no prior agreements or expectations have been created in this regard. When Christi, her employer, informs Doris that she will not pay her …