Job prospects: stigma damages and employer duties
“Employment, and job prospects, are matters of vital concern to most people. Jobs of all descriptions are less secure than formerly, people change jobs more frequently, and the job market is not always buoyant. Everyone knows this. An employment contract creates a...
read moreEmployment equity plans: Challenge rationality and constitutionality
So the Department of Labour intends to prosecute companies listed on the Johannesburg Stock Exchange (JSE) for failing to comply with s 20(1) of the Employment Equity Act (EEA). It is also alleged that some JSE listed companies have engaged in misrepresentation. It...
read moreJudgments Labour Courts 2016: Reported and unreported
It is time to reflect on judgments in Labour Courts 2016. 701 judgments were delivered by the Labour Appeal Court and the Labour Court. This should help to explain why practitioners and academics are battling to keep up to date with recent developments. The same...
read moreJudgments Labour Courts 2015: Reported and unreported
It is time to reflect on judgments in Labour Courts 2015. 721 judgments were delivered by the Labour Appeal Court and the Labour Court. This should help to explain why practitioners and academics are battling to keep up to date with recent developments. The same...
read moreValue-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 Equity Act (EEA) can be misleading. It...
read moreEmployment terms: Status of policies, codes and procedures?
It is important to know and understand the meaning of "terms and conditions of employment". There is confusion and whether employment terms include policies and how they differ from procedures and work practices and even codes of good practice. This is an attempt...
read moreTurmoil in the metal and engineering sector
There is turmoil in the metal and engineering sector where it is reported that 25,000 jobs were shed in 2016 and 500 businesses no longer exist. Collective bargaining is breaking down. There is disagreement between big and small, medium and micro enterprises. The...
read moreEntry-level: Stem losses and create more decent jobs
An entry-level is critical to job creation. In previous posts attempts have been made to explain the importance of contrasting entry-level wages with a fixed national minimum wage. As previously indicated vital decisions have to be made in the top three occupational...
read moreJustice with fairness: Fusing common law and dismissal law
Only gross misconduct should deprive dismissed employees of their statutory right to reasonable notice and severance pay. My inspiration for this talk was an article by Gwyneth Pitt “Justice in Dismissal: A Reply to Hugh Collins” (1993) 22 ILJ(UK) 4:251. It made me...
read moreDiscrimination is prohibited: Finish and klaar
Prof Darcy du Toit in his latest editorial Defending the indefensible?, first published by LexisNexis on IR Network [subscription required], has no hesitation in correctly declaring that discrimination is prohibited - 'finish and klaar'. To allow for legitimate types...
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