THE IMPORTANCE OF ACCREDITATION OF TEMPORARY EMPLOYMENT SERVICE PROVIDERS

As a result of skills shortages, fluctuating workloads, the changing nature of the workplace, and contingency requirements, an increasing number of companies in the metal and engineering industry are making use of Temporary Employment Service Providers provided by our members.  While TES Providers provide an important service to the industry, compliance to the relevant legislation…

COIDA Amendment Bill: A changing work order – employers beware of administrative fines

Amendments encapsulated within the Compensation for Occupational Injuries and Diseases Amendment Bill (the Bill) have introduced harsher penalties to be levied upon employers regarding unlawful conduct in connection with workers’ compensation. In light of an over-crowded court roll, employers will no longer face criminal sanctions by a court of law. These sanctions will instead be…

OFMBusinessHour: Flexible temporary employment sector

Natalie Singer, executive consultant at Global Business Solutions, discusses how the Covid-19 pandemic has impacted the temporary employment sector. She also discusses how the temporary employment sector is currently providing relief for workers during these difficult times, as well as how important flexibility is for the sector to enable resilience and the recovery of our…

Cross Examination is a Right

At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out…

Dirty hands will be canned at CCMA

In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in reasonable working conditions and to avoid rendering the…

Resignation with immediate effect cannot be used as a mechanism to escape disciplinary action

Labour Appeal Court (LAC) has finally resolved the debate as to whether an employee’s resignation with immediate effect negates an employers’ right to discipline an employee during their notice period. In the judgment of Standard Bank of South Africa Limited v Chiloane (handed down on 10 December 2020), the court confirmed an employers’ right to…

Cross-Examination is a Right

At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out…

Dirty hands will be canned at CCMA

In common law employers and employees have the obligation to treat each other fairly and within the law. For its part, the employer is required to pay the employee the agreed remuneration by the normal pay date. The employer is also required to employ the employee in reasonable working conditions and to avoid rendering the…

Corona Does Not Give Employer the Right to Retrench At Will

Retrenchments are a big part of the New Normal, but the new normal does not give employers the licence to retrench at will. When an employer contemplates retrenching employees it is strictly required by the Labour Relations Act (LRA) to consult first about this prospect before making any decision to retrench. Where the relevant employees…

The application of BBBEE prescripts when doing business with government by Corné Lewis and Neha Dhana (CDH)

Section 217 of the Constitution of the Republic of South Africa directs National, Provincial or Local spheres of Government, or any other institution identified in national legislation to contract for goods or services in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. The Broad-Based Black Economic Empowerment Act 53 of 2003…