Industrial and Employment Relations

It has become very clear that COVID-19 has had a major effect on the status of many employees. There are instances of retrenchments without payment, employees simply being told to go home, with variations of: use your annual leave, take unpaid leave.

So advice on labour law rights has become incredibly important. However, many employees simply cannot afford to pay - even more so now that their employment conditions have been reduced - or ended completely.

The South African Society for Labour Law (SASLAW)

The Commission for Conciliation Mediation and Arbitration (CCMA) will be opening from the 18th May 2020.

However, there are terms for physically attending hearings - in compliance with the current COVID-19 Regulations. Please see attached for details

Based upon the number of questions and reports I have received from employees who have been told variations of: go home/your services are terminated - all without any payment - I suspect that the Commission for Conciliation Mediation and Arbitration (CCMA) is going to be very busy for the next decade - CCMA - Labour Court - Labour Appeal Court.

So, any arrangements of the CCMA are going to be of utmost importance. The following notice has been released explaining arrangements for dispute resolution from 11 May 2020.

Skills-universe members involved in industrial relations will know Van Zyl Rudd (VZR), and Brian van Zyl, who presents the nation-wide series of annual labour labour updates - SALLR - the South Africa Labour Law Reports.

For me, they have been an annual "must attend" event and I have been attending since they started in the 1990s - all but one of them.

The impact of COVID-19 has led to a ground-breaking solution to present these seminars.

On 1 May the Commission for Conciliation Mediation and Arbitration (CCMA) issued an advisory on their way forward following the COVID-19 pandemic.

The Basic Conditions of Employment Act (BCEA) is exactly that - the basis on which employment at workplaces is governed.

The Department of Employment and Labour (DEL) has issued amendments to the Regulations under the BCEA Act.

The amendments include a revised Summary - that has to be displayed at all workplaces - or made available to all employees. For example, in an office environment, on an intranet.

For skills-universe members involved in labour law and union members, this morning I received the email posted below from the South African Labour Law Association - SASLAW.

It is truly shocking, and the words "mourn a loss" come to mind. What a great loss. Whether one encountered Anton Steenkamp as a lawyer - either defending or opposing, or subsequently as a Judge, the loss to the judiciary, to labour law, and to our society are enormous. A reminder to take every day of life seriously.

The South African Constitutional Court has found that personal use of dagga is not illegal.
As the manufacturing industry has always had rules against intoxication at work, it was just a matter of time before dismissals started - and reached the CCMA.
This may also be a problem for training providers conducting work-integrated learning in similar environments, and for TVET colleges offering technical programmes, requiring operating of machinery. So it is important to have your rules, and procedures in place.

To all skills-universe members
We have been asked to promote this free service for those members involved in industrial relations.

For those who are industrial relations people, you will know IRASA. During the past year it has been rebranded as LERASA, the Labour and Employment Relations Association of South Africa.
Frikkie de Bruin, General Secretary of the Public Service Co-ordinating Bargaining Council (PSCBC) is now President of LERASA.
Please see attached an invitation to a Cape Town seminar.