Legal Articles

Jul 16, 2019

Who’s your employer?

By Dr Gerrie Ebersöhn, Gerrie Ebersöhn Attorneys Inc.                 From time to time commissioners at the CCMA are called upon to determine whether a person, normally […]
Jul 9, 2019

What is Centralized Bargaining?

With reference to the Description of the MIBCO Main Collective Agreement centralized bargaining is defined as: “Bargaining within the Motor Industry, as defined in the Agreement, […]
Jul 2, 2019

THE SEQUENCE OF WARNINGS – CAST IN STONE – OR NOT!

The principle of progressive discipline is entrenched in Schedule 8: Code of Good Practice – Dismissal (the Code) found in the Labour Relations Act 66 of […]
Jun 25, 2019

Overpaid by my employer – is there a recourse?

We all make mistakes. It does happen that an employer erroneously overpays or under deduct when payments are made. An employer is entitled to recover these […]
Jun 18, 2019

Derivative misconduct – good faith or not?

By Wessel Brits: Senior Labour Advisor, MISA Legal Department   Does loyalty towards your colleagues protect you from disciplinary action if you fail to disclose information […]
Jun 11, 2019

Public holiday falling within annual leave

Will you be prejudiced when a public holiday falls within your annual leave period on a normal working day?   Clause 5(5)(a)(i)(ii) of the MIBCO Main […]
Jun 4, 2019

Can My Employer Change My Job Description Without My Consent?

During the day to day running of a company there may be times where your manager requires you to perform certain functions that fall out of […]
May 28, 2019

What happens if the Respondent/Employer does not attend an Arbitration?

Once a matter is referred to the Motor Industry Bargaining Council’s Dispute Resolution Centre (MIBCO DRC), the matter will be enrolled for Conciliation, provided that the […]
May 21, 2019

Suspension: substantive and procedural questions

Many disputes have arisen recently about the process and fairness of suspensions where an employee is suspended without first consulting with him or her. By Lizel van […]