The employees’ right to disclosure of an investigation – report during CCMA proceedings

Are employees entitled to disclosure of an investigation report which forms the basis of the charges against them during CCMA proceedings? The Labour Court was called to answer this question in the recent judgment in South African Sports Confederation and Olympic Committee (SASCOC) v Commission for Conciliation, Mediation and Arbitration and Others (JR 2642/2019) …

POPIA regulations are coming into effect and the guideline on the codes of conduct is published fines

To: TESD – Temporary Employment Services DivisionMembers Date: March 2021 LABOUR BRIEF NO. 436 On 26 February 2021, the Guideline to Develop Codes of Conduct (Guideline) was gazetted and notice was given that Regulations issued in terms of the Protection of Personal Information Act 4 of 2013 (POPIA) are coming into effect. In relation to…

The future of work: Harness the best talent, not just the nearest

The Covid-19 global pandemic continues to create disruption, most especially in the workplace as companies grapple with the balancing act of keeping people safe and observant of health and safety compliance regulations and the need to continue delivering goods and services to remain in business. Remote working, often touted as one of the leading indicators…

Managing business under VUCA conditions

When one thinks of Covid-19, one immediately associates its impact as VUCA – Volatile, Uncertain, Complex, and Ambiguous. The acronym VUCA was first introduced in the late 1980s by leadership theorists Warren Bennis and Burt Nanus, however, it became more commonly used since 2002 as the rapid advances in technology created an ever-changing business landscape.…

LATEST EMPLOYMENT NUMBERS REFLECT A TURBULENT PATH TO ECONOMIC RECOVERY – SEIFSA

The Quarterly Employment Statistics (QES) data released today by Statistics South Africa (StatsSA) reflect South Africa’s turbulent path to economic recovery amid the deepening negative impact of COVID-19 restrictions on the economy, the Steel and Engineering Industries Federation of Southern African(SEIFSA) said today. According to StatsSA, total employment rate decreased by 0.1% quarter on quarter…

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…

OFM Business Hour: 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…