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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 

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.

The Constitutional Court has decided upon the long-running debate about the employee status of persons placed with clients by labour brokers. Is the person the employee of the labour broker or the client or are they jointly employers?
The decision of the Con court is that once the person has been with a client for 3 months, the person is the employee of the main client.
The media release and the full judgement are attached.

The following media statement has been issued by the Department of Labour, on the position in terms of the CCMA ruling on the employment status of Uber drivers.

"The Department of Labour acknowledges and applauds the ruling by the Commission for Conciliation, Mediation and Arbitration that Uber drivers are the employees of the company. The decision is in line with the Labour Relations Act 66 of 1995 as amended. It means that any person who falls in that category is an employee and therefore fully covered in terms of labour legislation.

The following media statement has been issued by the Department of Labour, on the position in terms of the CCMA ruling on the employment status of Uber drivers.

The Department of Labour acknowledges and applauds the ruling by the Commission for Conciliation, Mediation and Arbitration that Uber drivers are the employees of the company. The decision is in line with the Labour Relations Act 66 of 1995 as amended. It means that any person who falls in that category is an employee and therefore fully covered in terms of labour legislation.

Department of Labour announcement:
"The minimum wage for South Africa's vulnerable sector of hospitality has been revised upward with effect from 01 July 2017.

The new Hospitality Sectoral Determination which governs minimum wage rate in the sector will be effective until 30 June 2018.

The minimum rate for employers with 10 or less employees will be a monthly wage of R3 193.12 (2016/2017: R2 959.35); a weekly rate of R736.92 (2016/2017: R689.97); and an hourly rate of R16.36 (2016/2017: R15.17).


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