The protection against self-help Employers

The Labour Appeal Court recently confirmed that an employer may not deduct or withholdany amount from an employee’s remuneration if the employee participated in an unlawfulstrike and the employer failed to implement the ‘no work no pay’ principle during the monthin which the employee did not render services. Read more

Unfair dismissal dispute: Arbitration Award-NBCRFLI

BACKGROUND OF THE DISPUTE: This matter was referred to the Bargaining Council for conciliation on 27 March 2023as an alleged unfair dismissal dispute. A conciliation hearing was scheduled for 08 May On that day the matter remained unresolved and a certificate to that effect wasissued. The applicants filed a request for arbitration on 11 May…

Why should a TES join the CEA (TESD)?

The Metal Industry Main Agreement (MA) was gazetted by the Minister of Employment and Labour on 7 October and became legally binding on all employers, including Temporary Employment Service (TES) providers, in the metals and engineering (M&E) sector on 17 October 2022. A key and unique feature of the MA is that it does not…

Harassment in the Workplace – Employers to take note of their obligations under the new Code of Good Practice

The Minister of Employment and Labour has published the new Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (the Code) in terms of the Employment Equity Act (EEA). The Code became effective on 18 March 2022 and repealed the Amended Code of Good Practice on the Handling of Sexual…