Category: Labour market reform

Proportional pay differentials: Frameworks and compliance

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Sole employer interpretation: Cachalia AJ’s 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

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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 could...

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Labour broker clients: Legitimate service level providers

Labour 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...

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Employment equity plans: Challenge rationality and constitutionality

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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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Turmoil in the metal and engineering sector

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Entry-level: Stem losses and create more decent jobs

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