Stuff Employers Should Know

It is important for employers to be mindful of the obligations toward ensuring safe working environments for pregnant or breast-feeding employees in the workplace.

Attorney and Industrial Relations Specialist, Shameera Angamia, joins BGD to take us through the legal framework from the Constitution all the way through to the BCEA and case law.

Case Law:

Manyetsa v New Kleinfontein Gold Mine (Pty) Ltd  (2018) 39 ILJ 415 (LC) 

Mahlangu v Samancor Chrome Ltd (Eastern Chrome Mines) (JA117/2018) [2020] ZALAC 

Where a whole or part of a business is transferred to another as a going concern section 197 of the Labour Relations Act comes into effect. This forces the new entity to take over all the obligations of the old undertaking.

Quite often a outsourcing undertaking may trigger s197 (of the LRA) and should both parties be unaware of such, it could land them in hot water.

BGD discusses when this may happen and what Employers should consider before outsourcing a part of their business. 

Case Law:
South African Municipal Workers Union and Others v Rand Airport Management Company (Pty) Ltd and Others (JA9/03) [2004] ZALAC 17 (LAC)

Chapter 2 of the BCEA states that employees who work at night between 18H00 and 06H00 must be compensated by payment of an allowance or by reduction of working hours and transport must be available. BGD discusses what employers are required to pay as a night shift allowance and discusses the issue of transport. 

Case Law:

TFD Network Africa (Pty) Ltd v Singh N.O and others (C 571/11) [2015] ZALCCT C 571/11

LabourNet National Product Manager for Skills and Equity, Kyle Wesemann helps us understand the purpose of the Employment Equity Act, who it applies to and how to implement it within your business.

For assistance with Employment Equity within your orginisation, get in touch with Kyle on [email protected]

Load Shedding is a challenge South African business has faced for over a decade. With load shedding looming this winter, BGD explains what employers may do to prevent the adverse affects of work stoppages and being unable to do business. 

Does the no work no pay principle apply? Can employees be sent home unilaterally? This is stuff employers NEED to know!

BGD takes you through the dispute resolution processes of the CCMA, from the referral process, required time frames as per the LRA and the latest gazetted CCMA Rules.

POPI and Public Bodies? How do they differentiate in their needs and obligations to private bodies and what do they need to look out for, specifically, themselves. In studio to discuss the above we had Samantha Walker and Chanel Sprieman,  LabourNet POPI experts!

Employers provide may different types of Leave, but which are governed by the BCEA and what are their provisions and conditions?

Industrial Relations Manager, Elzabe Nieuwoudt, joins BGD to discuss the various BCEA leave entitlements and laws governing annual leave, sick leave, family responsibility leave, maternity leave and parental leave.   

Jakobus Le Roux joins BGD in a discussion regarding Organisational Rights of Registered Trade Unions. Also, what does an Employer do when political parties attempt to collectively bargain on behalf of their “members” ?  

BGD and Yas go through a few more of the questions received for the episode on The Use of Fixed Term Contracts – Are These Employees Now Permanent? https://open.spotify.com/episode/0VdjMs6RicHmSqlAzzBj6C?si=mMJz53NKSSeViKb3NbfcZQ