Looking back on the 1988 LRA amendments there is little doubt that when the former government accepted the recommendations of the Wiehahn Commission in 1979 they failed to understand the nature and effect of what changes to the...
Read MoreOn 14 July 1994 the then Minister of Labour, Tito Mboweni, delivered a speech to the Labour Law Conference in Durban entitled “The New Labour Market: Prospects for Accommodation and Conflict” and explained the...
Read More“When the Employment Equity Act was being negotiated in 1997, a most unusual provision was inserted at the insistence of the trade union side. This became section 27 of the EEA, which states that every designated employer must...
Read MoreAssign Services (Pty) Ltd v Numsa Cachalia AJ maintains that the sole employer interpretation adopted in the majority judgment forces employees into a new relationship without their consent and on terms of employment to which...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
Read MoreEddie Cottle argues that the labour relations architecture has changed with the introduction of a national minimum wage and that amending the LRA is a turning point in South Africa, but that South Africa is sitting on an...
Read MoreYesterday the Director of the Free Market Foundation, Eustace Davie, called upon President Cyril Ramaphosa to empower unemployed citizens and set them free by allowing them to agree their own contractual terms and grant them job...
Read More Essence Labour court reviewed and invalidated the Minister’s decision to extend bargaining council administration agreement to non-parties because she failed to comply with LRA s 32(3), 32(5) read with s 32(1) and...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
Read MoreLabour broker clients: The purpose of sec 27 of the Employment Equity Act (EEA) is to eliminate disproportionate pay differentials within enterprises. So when ‘clients’ use the services of labour brokers and those...
Read MoreFor subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...
Read MoreWhen paying someone for work a value-exchange is needed. Challenging decisions must be properly rewarded but coupled with appropriate accountability. So the reference to “occupational levels” in schedule EEA9 to the Employment...
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