Employers of domestic workers must register with COIDA
Domestic workers are now covered under the amended Compensation for Occupational Injuries and Diseases Act 1993 (COIDA) (Act 130 of 1993) and can claim compensation for injuries or diseases sustained while on duty from the Compensation Fund. “Domestic Workers are the unsung heroines in this country and globally. They are a powerful group of women […]
Racism in the workplace – It’s not always black or white
This article discusses two recent Constitutional Court judgments, which deal with racism, or perceived racism, in the workplace. Although each judgment and respective outcome should be understood in the context of the specific facts, certain parallels are worth noting. Both judgments had to decide whether the language used in the context was racist. In both […]
Understanding the functions of the Commission for Conciliation, Mediation and Arbitration
I have a dispute which has been referred to the CCMA. How does the process work? The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is a state-funded institution which acts as the centrepiece of the statutory dispute resolution system in the employment sphere. The CCMA, however, operates independently from the state. A dispute is referred […]
What constitutes fair dismissal?
Labour law emphasises that every employee has the right not to be dismissed unfairly. This law defines the meaning of dismissal and when it may lawfully occur. Substantive and procedural fairness determines whether the dismissal was fair. Dismissal means the following: The termination of a contract of employment with or without notice, and also if […]