There are cases of employees posting sensitive or disrespectful information and messages about their employers online. This might seem like an innocent joke with the people on your social media feed, however, the backlash is far more serious than that. The conduct of employees on social media platforms is also more frequently exposing employers to […]
Category: Labour Law
What is the CCMA?
The Commission for Conciliation, Mediation and Arbitration CCMA is a dispute settlement body. Basically, if someone believes that their dismissal was unfair, the CCMA with help settle the issue with their employer. The CCMA does not belong to any political party or business and functions completely independently. The CCMA also offers advice and training for […]
Should a domestic worker get a Christmas bonus?
Doris, a domestic worker, demands a Christmas bonus from her employer in the amount of R1 000. She has not yet been employed for longer than a year and as a result no prior agreements or expectations have been created in this regard. When Christi, her employer, informs Doris that she will not pay her a […]
Basic Conditions of Employment
There are basic standards which are set out in the Basic Conditions of Employment Act 75 of 1997 which regulate, amongst other, the working hours that employees are permitted to work. Whether these conditions are enforced in practice, however, is uncertain. The Basic Conditions of Employment Act 75 of 1997 (BCEA) sets certain minimum standards […]
Can I still make a case of unfair labour practice if i have settled?
In this article we will discuss whether, in the face of an agreement between an employer and an employee in terms of which an employee accepts a demotion to a lower position, the employee is nevertheless entitled to refer an unfair labour practice dispute concerning this demotion to the CCMA. The facts in Builders Warehouse […]
Constructive dismissal: A last resort?
Dear Mr Lawyer, my employer is making working conditions unfavourable and I am unhappy with her management style. This cannot carry on and I want to resign. Can I claim constructive dismissal because she is the reason I want to resign? Constructive dismissal has become a convenient escape for disgruntled employees. Many employees realise too […]