On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.
Reviewing CCMA awards: Answering seven questions
When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not the only questions they are accepted as...
Genuine pay differentials: A simple fix required
Garbage in and out It is said that 'garbage in, is garbage out' and we are in real danger of not measuring genuine pay differentials. Employers are currently being forced to report wages paid to employees at seven occupational levels. But, if the ‘benchmarks’ in the...
CCMA rules compared: Changes from old to new
What has changed CCMA rules compared after various inquiries were made to find out how the amended CCMA Rules have changed since 2015. Unfortunately it has not been possible to show the changes in this post but click on the link to discover precisely what changes...
Nic Wiehahn obituary: April 2006 Sunday Times
Man who changed the face of SA labour Nic Wiehahn obituary: 13 years ago Chris Barron paid particular tribute to the late Prof Nic Wiehahn on 9 April 2006 in the Sunday Times after his unexpected death and it is fitting that we be reminded of the crucial role he...
CA Sector Code: Management levels – flawed EEA9
Introduction to draft Sector Code for the accounting profession For many years it has been suggested that EEA9 in the Employment Equity Act (EEA) is a flawed structure because it fails to give proper effect to the elimination of disproportionate pay differentials in...
Trade union deregistration: AMCU and official notification
On 24 April 2019 the Registrar of Labour Relations gave notice of the intention to cancel the registration of the Association of Mineworkers and Construction Union (AMCU) and called for written representations within 60 days as to why the registration should not be...
Unscientific job evaluation: Stones and disappearing scorpions
Today I happened upon a post in the blog of the Energy Research Centre (ERC) on 5 June 2017 recording with great sadness that Bill Cowan had passed away. Bill Cowan (right) with colleagues Patrick van Sleight and Gamieda Gierdien in 2003. I remembered that name...
Labour laws promulgated: Acts which commenced recently
For ease of reference the labour laws promulgated recently with the dates of commencement are provided herewith. BASIC CONDITIONS OF EMPLOYMENT AMENDMENT ACT NO. 7 of 2018 [ASSENTED TO 23 NOVEMBER 2018] [DATE OF COMMENCEMENT: 1 JANUARY 2019] (English text signed by...
CCMA review requirements: Steps and procedures
Review requirements outlined here in a post intended to assist practitioners in knowing and understanding the specific relevant requirements of the LRA, the LC Rules and the LC Practice Manual. In addition templates are included for Forms 1 and 4. Hopefully at some...
LC Practice Manual: Effective from April 2013
As explained in the introduction the LC Practice Manual is similar to other manuals in divisions of the high court and aims to promote access to justice and consistency in practice and procedure and to set guidelines on the standards of conduct expected of...