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Industrial and Employment Relations

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For all members interested in staying up to date with and discussing industrial relations and employment relations issues 

Labour bulletin

Our sincere condolences to Professor Webster's family and friends, academic colleagues, and all those labour activists and students, who will feel his loss.  

The Minister of Employment and Labour has gazetted an amendment to the Employment Services Act 4 of 2014, in order to take account of the issues rising from the employment of migrant labour.

The gazette should be read in conjunction with the previous posting in this discussion Group on the Draft National Labour Migration Policy for South Africa.

There is a 90 day comment period from 28th February gazette date.

See attached for the gazette.

National media have been covering confrontations about migrants and their employment. In response to the issues arising, the Minister of Employment and Labour has published a draft national policy - for your comment.

In the email distribution via the Parliamentary Monitoring Group (PMG), a useful summary is provided, as follows:

"In summary, National Labour Migration policy aims to achieve a balance between the following:

My thanks to Brian van Zyl of Van Zyl Rudd and his WhatsApp group for posting the Employment Equity Act Code of Good Practice on Employment of Persons with Disabilities.

Students and parents of students will have a definite idea about the problems of accommodation, but the Code includes the definition of the word accommodation, and so when you are considering the word in terms of the mandatory requirements for vaccination - remember what accommodation means in terms of the employment relationship.

Older members will know before I was consumed with skills development, I was an industrial relations person, and there have been a few things lately that are reminding and that I want to discuss - so this post is in Industrial Relations, rather than Covid-19, but that is the background.

Social media sites have been consumed with the question - can an employer make it mandatory for all employees to have a vaccination?

Quick post
For those who don't want to read through the whole Budget document
see attached
Budget Vote 31 Employment and Labour

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.


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