Category: Reforms required

Labour market features: Balancing conflicting interests

On 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...

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Proportional pay differentials: Frameworks and compliance

“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...

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Sole employer interpretation: Cachalia AJ dissenting judgment

Assign 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...

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Status changed legally: Sole employer after 3 months

For 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,...

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Labour relations architecture: NMW means turning point

Eddie 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...

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Minister fails to meet jurisdictional pre-requisites

 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...

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Employment equity plans: Challenge rationality and constitutionality

For 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,...

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Value-exchange: Pay for making challenging decisions

When 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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