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Labour Relations Act

The Edcon Judgment – Is s189A any clearer?

One of the provisions in the LRA that has proven problematic in practice has been section 189A which deals with large-scale retrenchments. The section contains no less than 20 subsections which, in some instances, are far from clear. The difficulty in interpreting this provision was exacerbated by the judgment of the Labour Appeal Court (“LAC”) in De Beers Group Services (Pty) Ltd v NUM & Others (2012) 33 ILJ 1846 (LAC).


Can a CCMA certificate of outcome be reviewed?

There have been a number of cases concerning the status of the certificate of outcome issued by the CCMA and the power of the CCMA to determine its own jurisdiction. Section 135 of the Labour Relations Act, No 66 of 1995 (LRA), states that, e.g., when conciliation has not succeeded the presiding commissioner must issue a certificate of outcome stating if the dispute has been resolved. What is the purpose of this certificate?


We need to consider alternatives to labour broking

Labour broking HR Pulse article

The Labour Relations Amendment Bill (LRAB) has been adopted by the National Assembly and is now waiting to be promulgated. Because of this, South African businesses need to be thinking about the new labour broking provisions in the LRAB.


The Labour Relations Amendment Bill 2012: Restricting the right to strike?

As the law currently stands, there are three procedural requirements that a party (usually a trade union) who wishes to embark on protected strike action must comply with.


Dealing with disability claims

Becoming disabled or temporarily impaired is a traumatic experience for any of your employees and for your organisation it does become somewhat disruptive. Most large companies provide benefits for their employees in terms of Death or Disability. Different companies have different terms and conditions regarding the provision of such benefits.