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Filter: Employment law
Considering the CCMA? Here Is What You Need to Know

05 July 2024,  Bridgeton Petoors

A lack of information or comprehension of the Commission for Conciliation, Mediation, and Arbitration (Hereinafter the “CCMA”) and its processes... can prevent the public from taking advantage of the commission's accessible and low-cost services, causing frustration. For those unfamiliar with labour laws and not part of the legal profession, navigating the CCMA can seem intimidating due to its complex rules and procedures. However, understanding these processes reveals that the CCMA is more accessible than perceived. This article aims to address frequently asked questions about the CCMA’s rules and procedures.

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726
Article
Are You Considered an Employee in Terms of the Labour Relations Act?

03 May 2024,  Bridgeton Petoors

There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are... protected under the Labour Relations Act or not. More often than not, independent contractors believe that they have signed employment contracts as employees, when, in reality, they have signed independent contractor agreements and, in laymen terms, have signed ‘their rights away’. That is, their rights under the Labour Relations Act (LRA). This article explores the differences between an independent contractor and an employee, and what factors to take into account in determining each, respectively.

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371
Article
A refusal to work overtime: what do you need to know?

08 May 2023,  Bridgeton Petoors

Can you refuse to work overtime? If so, can you be dismissed for refusing to work overtime? Also, can a... tacit agreement become enforceable to compel an employee to stay and work overtime? These are all questions that were posed and answered in the recent Labour Court judgment of AMCU obo Mkhonto and Others v Commission for Conciliation, Mediation and Arbitration (CCMA)  and Others, and reminds employers on what to do should their business rely on overtime work.

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4455
Article
Precautionary suspension of an employee - what are the requirements?

02 November 2022,  Gerhard Smit

Employers are often challenged on the fairness of the precautionary suspension of an Employee. The inherent fairness criteria have been... impacted by the decision of the Constitutional Court in Long vs South African Breweries (Pty) Ltd and others (2018) ZACC 7.

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1370
Article
What is the chance of being reinstated following a dismissal?

15 November 2021

I recently dismissed an employee that was causing serious conflict in our workplace. I’ll admit that the dismissal was done... rather hastily, but we had to get rid of this employee. The employee has taken us to the CCMA, and given that there may be issues with the dismissal, the CCMA may not find in our favour. That’s fine and I’m prepared to pay compensation, we just cannot afford to have this employee back at work. What are the chances that the CCMA may order the reinstatement of the employee if he is successful?

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357
Article
Does working beyond expiry date in fixed-term contract constitute permanent employment?

15 January 2021

I was employed on a fixed-term contract from 15 July 2013 – 14 July 2014. When my contract expired, I... continued working in my position and performing the same tasks. The expiration of my contract was never made an issue. I was, however, dismissed two years later due to the expiration of my contract. Was I a permanent employee? Was my dismissal fair? What is my recourse?

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