Articles

Labour

CONCOURT CONFIRMS COMPENSATION COVER FOR DOMESTIC WORKERS

In a judgement hailed as a victory for domestic workers, the Constitutional Court has confirmed a lower court’s order that a piece of legislation is constitutionally invalid on the grounds that it excludes them from the definition of an employee. This means employers will have to pay Compensation Fund contributions…

CANNABIS IN THE WORKPLACE

At a recent hearing of the Commission for Conciliation, Mediation and Arbitration (CCMA), commissioner Nomsa Mbileni ordered the reinstatement of a factory worker who had been fired for reporting for duty under the influence of dagga. The employee, was dismissed in June 2019 for misconduct after he was found to…

COVID 19 AND THE WORKPLACE

The Occupational Health and Safety Act 85 of 1993 places an express obligation on the employer to maintain a working environment that is safe and healthy. On the issue of a healthy working environment, the employer must ensure that the workplace is free from any risk to the health of its employees…

IGNORE THE LABOUR LAWS AT YOUR PERIL

A franchisee of a well known Grocery chain has been ordered to pay millions of rands to workers for unlawful deductions on earnings, as well as non-compliance with the National Minimum Wage (NMW), amongst other things. The CCMA granted the department the arbitration awards, which compel the franchisee to comply…

MEDIATION COMPULSORY BEFORE LITIGATION

The Rules Board for Courts of Law will compel South Africans to declare that they have considered mediation as a solution to any forthcoming legal matter before commencing litigation steps and starting a lawsuit. Mediation, is considered a time- and cost-effective means where parties in a dispute can appoint a…

ADVANTAGES IN MEDIATION FOR DIVORCING COUPLES

An important advantage of mediation is that it allows divorcing parties greater control over the consequences of their divorce. Parties are actively involved in the mediation process and can themselves make the important decisions related to divorce. As a result of this, and also because parties are able to make…

Mediation v Litigation

75% of legal costs in a divorce could be saved by embarking on the Mediation route. Besides the cost factor mediations are quicker, cost effective and most importantly maintains a healthy and amicable relationship between parents if there are children involved. In a divorce the couple are at the mercy…

New law will ensure maintenance defaulters are blacklisted

The National Assembly has passed a new law that will see parents who default on child maintenance blacklisted and blocked from getting credit while owing maintenance. Introducing the bill, the deputy minister of Justice and Constitutional Development John Jeffery said maintenance, especially child maintenance, was one of the department’s major…