Dept of Labour causing confusion over annual leave statement

Posted 30 March 2020

The Department of Labour is causing confusion over its statement that employers should not force employees to take their annual leave during the Covid-19 lockdown period.

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Court ruling changes the role of labour broking in SA

Posted 26 July 2018

Labour brokers have been dealt a major blow after the Constitutional Court ruled on Thursday that they were not dual employers when their clients absorb contract workers as permanent staff.

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SA's strike rate not as ugly as you might think

Posted 01 May 2018

South Africa’s parliament is currently debating amendments to the Labour Relations Act that will change how workers can go on strike. For example, the amendments would require trade unions to hold secret ballots to decide on strike action and introduce a mechanism where strikes could be resolved through an advisory arbitration panel.

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When do I need an employment lawyer (and have I left it too late)?

Posted 18 October 2017

Employment laws are among the most comprehensive and complex laws in the country. These laws not only enumerate the rights and obligations of both employers and employees, but they also provide means to protect these rights and the steps by which the aggrieved may air his concerns. 

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Is an automatic termination clause in an employment contract valid?

Posted 28 September 2017

We've heard of plenty cases of people lying about their qualifications in order to secure employment. It's not always that straightforward when it comes to firing somone. What about a security guard who hides the fact that he has an oustanding criminal charge against him? Can he be fired? Again, the law is not that clear-cut and the security officer may have solid grounds for challenging any attempt to dismiss him.

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Court decision is a blow to trade union stranglehold over workers

Posted 09 May 2016

The Free Market Foundation's challenge to labour unions was heard recently in the High Court, with both sides hailing it as a victory. It's clear the Foundation has grounds to celebrate as the judge's findings will make it more difficult for the minister of labour to extend so-called Bargaining Council Agreements (BCA) to employers who fall outside the BCA system. The Foundation says this is a victory for the millions of South Africans unemployed, and for marginalised workers.

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Judge slaps down ANC allies in labour court challenge

Posted 26 February 2016

The Free Market Foundation won a major victory in the Pretoria High Court this week when Judge John Murphy intervened, effectively declaring that bargaining council agreements must be subject to judicial review. This, says, the FMF, is a major victory for labour freedom and the unemployed. 

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Calls for national minimum wage puts SA in cloud cuckoo land

Posted 01 July 2015

SA's unemployment rate at 26% puts us behind Greece. That takes some doing, but we managed it. But this has not stopped the ruling party throwing its weight behind calls for a national minimum wage, which places us squarely in cloud cuckoo land, writes John Kane-Berman of the SA Institute of Race Relations in Business Day.

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State looks at changes to labour laws to curb strikes and violence

Posted 07 August 2014

The government is contemplating new laws to curb lengthy and violent strikes that are blamed for lowering SA's investment status and pushing the country into recession. 

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New labour laws could have unintended consequences

Posted 20 May 2014

New amendments to the Labour Relations and Employment Equity Acts could have far-reaching and unintended consequences. Though intended to promote pay parity between temporary and permanent workers, they may end up achieving the exact opposite.

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SA's unemployment is a ticking time bomb - and probably vastly understated

Posted 03 October 2013

South Africa's unemployment rate is either 25% or 40% depending on your definition. The problem is, the number crunchers do not count those who are too apathetic to look for work, so the figure could be much higher, or the informal sector is much bigger than anyone would have us believe. 

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Employment Tax Incentive Bill comes under attack

Posted 23 September 2013

The Democratic Alliance says the Employment Tax Incentive Bill, which introduces a youth wage subsidy, misses the mark by watering down the benefits originally suggested three years ago.

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Business cries foul over new labour law

Posted 18 September 2013

The business sector is up in arms over the almost complete disregard for its objections to the Employment Equity Amendment Bill, paving the way for a possible challenge in the Constitutional Court.

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Not enough MPs to vote through divisive amendments to Labour Act

Posted 21 June 2013

There were not enough MPs in Parliament to vote through the Labour Relations Amendment Act, which the Democratic Alliance says will kill jobs.

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Employment Services Bill aims an arrow at the heart of labour broking

Posted 19 June 2013

The Employment Services Bill aims an arrow at the heart of the labour broking sector. For all its humanistic pretensions, this bill will further harm SA's precarious job market, writes Ciaran Ryan.

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ANC will have to wrestle Cosatu sooner or later

Posted 10 June 2013

The ANC government will have to chisel away at Cosatu's powers, in much the same way as Margaret Thatcher did to trade unions in the UK, if it is to achieve the growth targets of the National Deevelopment Plan, writes John Kane-Berman in Business Day.

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Solidarity says it's time to talk affirmative action and race

Posted 19 May 2013

Solidarity LogoTrade union Solidarity says it is time the country started to come up with fresh ideas to address the racial imbalances bequeathed by apartheid. As part of its campaign, it is bringing several affirmative action cases before the Labour Court in an effort to challenge what it believes is a flawed government race policy, more concerned with quotas than actual outcomes. 

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