COIDA Amendments

August 2023LABOUR BRIEF NO. 462 On 17 April 2023, the Compensation for Occupational Injuries and Diseases Amendment Act 10 of 2022 (COIDA Amendment Act), was published. The aim of the COIDA Amendment Act is to amend, substitute, insert, delete and repeal certain definitions and sections of the Compensation for Occupational Injuries and Diseases Act 130…

Webinar: The Employment Service Act & Pending Amendment Act – impact on Private Employment Agencies

The Employment Services Act (ESA) provides a legal framework within which Private Employment Agencies, including TES, are required to operate. This webinar focused on the current regulations that need to be complied with as well as the pending regulations that add on the issue of Foreign Nationals and Digital Platform workers. Both of these could…

Minister published draft sectoral numerical targets for Comment – Solidarity lodges legal challenge to the Setting of sectoral numerical targets

July 2023LABOUR BRIEF NO. 461 This act amends the Employment Equity Act of 1998 “EEA”. One of the main objectives of the amendments introduced is to empower the Minister of Employment and Labour (Minister) to, among other things, identify and set employment equity numerical targets for each national economic sector. On Friday, 12 May 2023,…

2023 AMENDMENTS TO THE CCMA RULES

June 2023LABOUR BRIEF NO. 460 On 21 April 2023, the Commission for Conciliation, Mediation and Arbitration (CCMA) published amended Rules for CCMA proceedings (Rules). These Rules include several new additions and alterations. We highlight some of the amendments which warrant attention below. The Rules came into effect on 24 April 2023. There are also fresh…

THE EMPLOYMENT EQUITY ACT AND EMPLOYER INSPECTIONS

May 2023LABOUR BRIEF NO. 459 The 2023 amendments to the Employment Equity Act 55 of 1998 (EEA) aside, the Department of Employment and Labour (DEL) has in the recent past been active in the inspection of designated employers to monitor both general compliance with the EEA and to ensure that designated employers have prepared and…

Do the CCMA Rules Empower a Commissioner to Ignore a Late Con/Arb Objection and Proceed with an Arbitration in terms of Section 191 (5)(a)(c) of the LRA?

April 2023LABOUR BRIEF NO. 458 In a recent decision of the Labour Court in Valinor Trading 133 CC t/a Kings Castle v The CCMA and Others (JR292/19) ZALCJHB 10 (3 February 2023), the court answered “no” to this question. The dispute in this matter related to the termination of an agreement between an individual…

National Labour Migration Policy and the impact on TES

The National Labour Migration Policy (NLMP) has been in development for some time, but with consultation periods closed, and DEL assessing potential changes before implementation, businesses need to assess the impact on operations. During this webinar, Natalie Singer, Executive Consultant at Global Business Solutions (GBS),covered the following, providing opportunity for you to pose your burning…

Discrimination in the workplace is at your peril

March 2023LABOUR BRIEF NO. 457 Our chequered past as a nation means that issues of unfair discrimination will be with us for many years to come, including in the workplace. To believe otherwise would be naïve. Much has already been written on this subject, but in this article, we provide a snapshot of two recent…

Paradigm shift – Automatically unfair or a genuine operational requirements

February 2023LABOUR BRIEF NO. 456 On 10 November 2022, the Labour Court handed down its judgment in Inqubela Phambili Trade Union andOthers v Pioneer Foods (Pty) Ltd, Wadeville Beverages (JS740/2019) ZALCJHB 314 (10 November 2022).This case revisits the fine line between whether a dismissal is automatically unfair because of a refusal byemployees to accept…