Connect with us: (011) 532 8802 This email address is being protected from spambots. You need JavaScript enabled to view it. Find Us Subscribe to Newsletter

Employment Equity Amendment Act – How is your company affected?

on .

January 2014 has brought with it a number of significant amendments to the Employment Equity Act No. 55 of 1998 with the promulgation of the Employment Equity Amendment Act, 2013.

In this article I will seek to address the major changes in the various chapters and sections of the Act and how they will affect you business, particularly with regards to the enforcement process and the issuing of fines for non-compliance.

The Provative Value of Polygraph Testing

on .

There is uncertainty and confusion as to whether polygraph test results are admissible in our labour law or not, and if they are, whether or not they carry sufficient weight to dismiss an employee based on a negative outcome of the testing of an employee.

Perhaps to begin the discourse, it is important to define what polygraph testing is. Polygraph is a term which literally means “many writings”. The term refers to a device that simultaneously measures and records selected psychological activities or electro-physiological activity. The device captures the minimum of three types of psychological data, usually differential blood pressure, heart-rate, respiration rate, and skin conductance.

BCEA Earnings Threshold and Wage Increases

on .

Hospitality, MEIBC and the Furniture Bargaining Council

Herewith the latest updates regarding the BCEA Earnings Threshold for 2013 as well as the latest wage increases.

BCEA Earnings Threshold

As of 1 July 2013, the BCEA Earnings Threshold has been increased to R193 805.00 from the previous figure of R183 008.00. This amendment has the effect of extending rights in terms of the BCEA to employees earning below R193 805.00 per annum (R16 150.41 gross per month) which they have previously been denied whilst earning in excess of the previous figure of R183 008.00. Employees falling within this salary band (between R183 008 and R193 805) would henceforth be entitled to insist upon all rights conferred to them by the BCEA.

MEIBC Strikes And Notice Of A Lock-Out

on .

NUMSA has issued out their formal notice for their strike which will commence on the 1st July 2014, across all provinces. They demand a wage increase of 12% effective from 1st July 2014 until the 30th June 2015, with back pay in case of any delay. NUMSA declared a dispute after the parties could not reach an agreement with the offer by the employer of 7% being rejected by the union.

Traditional Healer Certificates – Valid Or Invalid?

on .

According to section 23 of the Basic Conditions of Employment Act 75 of 1997 “a medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.”

The issue of traditional healer certificates has been a topic of much contentious debate regarding whether or not an employer should accept the certificate as being valid. Some clarity on the matter was determined by the below case;

Can employers compel their employees to testify in disciplinary hearings?

on .

In order for an employee to be said to have been dismissed fairly in our law, the dismissal must both be procedurally and substantively fair. Procedural fairness means that the employee must have been afforded an opportunity to state their own case which includes calling witnesses, if necessary.

Substantive fairness means that the reason for the dismissal must be fair. The question that arises is, when the employer, in pursuit of complying with substantive fairness, needs another employee who witnessed the wrongdoing to testify, refuses to testify, does the employer have recourse against such an employee? Can the employer force that employee to testify against another?

Shop stewards - a right to representation?

on .

It is trite that in disciplinary hearings of employees, representation is allowed. Representation in this sense means internal representation by colleagues. Very rarely is outside representation allowed because companies regulate the issue of representation through their disciplinary codes.

For unionised workplaces, naturally, shop stewards will represent the accused employees in disciplinary hearings. This is important as it is in line with the established principle expressed in the Latin maxim audi alteram partem, to hear the other side of the story which has everything to do with the ability for one to express themselves in the hearing and also be ensured that their right to a fair hearing is safeguarded by the presence of a representative.

Solidarity Obo Barnard V Saps

on .

The Constitution provides in Section 9 that “national legislation must be enacted to prevent or prohibit unfair discrimination”. The Employment Equity Act gives impetus to this constitutional imperative and Section 6 of the said act embodies this objective.

The facts in Barnard vs SAPS were very interesting and are worth discussion for purposes of this article. Barnard was a white female who was appointed in 1989 by the SAPS for the position of Constable. In 1997, she was appointed to the position of a Captain.

Employment Tax Incentive

on .

The Employment Tax Incentive Act, Act 26 of 2013, was signed into law on 17 December 2013 and is effective from 1 January 2014 and applies to any employee, who qualifies, employed from 1 October 2013.  This act, commonly known as the Youth Wage Subsidy is an easy act to follow but does have some areas of concern. It must also be noted that no employer will be able to receive the employment tax incentive after 1 January 2017.

Dealing with Foreign Employees: Is there a duty to assist?

on .

There seems to be uncertainty amongst employers on how to handle and deal with foreign employees, especially when their work permit expires. For some employers this may be trite for many others there is confusion as to what is expected of them in case this eventuality happens.

It is important to note that from the onset, there are two pieces of legislation that are at play here which employers must grapple with in so far as foreign nationals are concerned; the Labour Relations Act and the Immigration Act.
In terms of the Immigration Act, employers must ensure before hiring foreign nationals that they have a valid work permit or permanent resident permit. In terms of this Act, it is the duty of the employer to ensure that the foreign employee’s citizenship and status is correct. This means that they must validate the documentation with the Department of Home Affairs.

LabourNet All Inclusive Industrial Relations Product

on .

At LabourNet we continuously strive to improve our services and to provide our clients with the best solutions to assist them in managing their business. It is toward this end that LabourNet has developed and introduced yet another product to enhance our clients’ experience of our services, and to ensure that you receive proper value for money.