Date: August 2021 LABOUR BRIEF NO. 441 Many employers are all too aware of the potential pitfalls associated with engaging deemed employees, i.e., employees who earn less than the annual earnings threshold set by the Minister of Employment and Labour from time to time, which is currently R211,596.30 and who, in terms of section 198A(3)(b)…
An employer’s recourse to lockout and appoint replacement labour
Airline Pilots Association of South Africa (ALPA-SA), as represented by the South African Airways PilotsAssociation (SAAPA), a branch of ALPA-SA obo Members v South African Airways (SOC) Limited andOthers (J398/21) ZALCJHB 57. The Applicant, Airline Pilots Association of South Africa (ALPA-SA), as represented by the South AfricanAirways Pilots Association (SAAPA) represents about 89% of…
Addressing POPIA prior authorisation – the Information Regulator issues a Guidance Note for applications for prior authorisation
Closely following its statement on WhatsApp’s proposed changes to its privacy policy, the Information Regulator (IR) has published a Guidance Note (on 11 March 2021) regarding the application for prior authorisation, which elaborates on the process to be followed by businesses who are currently processing or intend to process personal information which is subject to…
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…