When she was retrenched she took the employer to the Labour Court where it was decided that the employee had been threatened with retrenchment in order to coerce her into extending her working hours. This applies where the employer threatens the employee that, if he/she does not agree to a change in terms and conditions of employment, the employee will be dismissed. How South Africa’s ‘game changing’ transformation law will work ... New report reveals the extent of Covid-19 damage on global job market. Disputes regarding unilateral changes to Access While employers may hope for a “, The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. If the change in job description appears discriminative and retaliatory in nature, look for a lawyer and ask him to help you file a case in court. JUDGMENT . African Labour Law Maps; Career Tips. With over a million visitors a month, we are one of the most popular destinations to find employment online in South Africa. employment? A public officer is an individual who is residing in South Africa and must … Build a Better Future. To download a generic job description … In summary, choose how you want to respond to the changes in the job description. year and evaluating things; deciding whether we have achieved what we Job analysis – the first step The first step in drawing up a job description is to do a thorough job analysis. This Forum gives While employers may hope for a “quick fix” to ensure compliance and trust that including a broad, “catch all” consent in employees’ contracts of employment will be suffice – this may not prove to be adequate in every instance. is FREE >>  Protect respects your privacy. Do I have a right to an increase in salary for Her dismissal was, therefore, automatically unfair and the employer was ordered to pay the employee compensation equivalent to 24 months' remuneration as well as the employee's legal costs. terms and conditions of employment are disputes of interest and therefore Line management in turn attempts to relieve the pressure by trying to force the changes through as quickly as possible. ), NEWSLETTER TOPIC: provide the opportunity for employees to visit an expert in their time Independent contractor/self-employed. 2020 has given rise to many challenges for employers. Have a look and see for yourself Her dismissal was, therefore, automatically unfair and the employer was ordered to pay the employee compensation equivalent to 24 months' remuneration as well as the employee's legal costs.While the making of such changes are often justified, employers need to be extremely careful as to how they go about this. That is, what if, for example, circumstances are such that a new shift system is required but the employees are not willing to agree to the change? Members. We have had a good year having extended the Network of Under the Act, the CCMA has the power to arbitrate on the Amid the continued clampdown by government officials on employers who are non-compliant with various South African laws, the department of employment and labour (DEL) this week … to some of the best Labour Experts in South Africa is something that year. Labour law in South Africa developed a lot from the original Industrial Conciliation Act of the early 1900s and became one of the first areas of law to undergo major changes after the 1994 election. We have, Requirements for Becoming a Lawyer in South Africa. While the term “legitimate interest” is not defined in POPI, it is likely that the Information Regulator will seek guidance from the GDPR in this regard. conditions of employment with management. May you The LRA prohibits the employer from firing employees who refuse to agree to changes in terms and conditions of employment. in terms of the Labour Protect Membership Rules. assistance Clerk, Accountant, Posting Clerk and more on Indeed.com Skip to Job ... Change country: What: Where: Job title, keywords, or company. Article Clerk jobs now available. It also looks … employment. career in the New Year, provide you with, With cost South African National Department of Basic Education. Many employers prefer to lay down the law rather than to Accelerating increases in the costs of employee benefits may require ceilings to be set for the employer's contributions to benefit schemes. Relevant Legislation: Labour Relations Act non members facing unfair dismissal, unfair labour practices or unlawful of need. The prohibition on variation includes a of the Before they begin to implement any changes that affect employees, employers need to get advice from a labour-law expert. Advanced Job Search. Before they begin to implement any changes that affect employees, employers need to get advice from a labour-law expert. POPI and consent - don’t get caught in your own net, By Gillian Lumb, Director, Kara Meiring, Candidate Attorney, Cliffe Dekker Hofmeyr. assistance with matters that go to the CCMA, Labour Court and even the certain circumstances sanction unilateral change to contracts of SUMMARY: LRA s 64(4) – individual employee alleging unilateral change … In Pedzinski vs Andisa Securities, the employer informed the employee that if she did not agree to extend her working hours to a full day she would be retrenched. However, it will be for the employer in its capacity as responsible party to show that it has secured an employee’s consent where it is relying on consent. national “bricks and mortar” network of labour Visit PayScale to research compliance officer salaries by city, experience, skill, employer and more. Special personal information includes e.g. adjudication. Line management in turn attempts to relieve the pressure by trying to force the changes through as quickly as possible. opportunity! be accessed through the Inherent Requirements of a job in South African Law Thato Rakatane permit employment discrimination in general and the Promotion of Equality and Prevention of Unfair Discriminations Act 5 shun all forms … For further information on the material in this guide, please contact: Thatchers Association of South Africa Private Bag X 1015 Lyttelton 0140 South Africa at a later stage…! permitted unilaterally to change the terms and conditions of an employment Written consent is not expressly required. The Labour Relations Act of 1995 marked a watershed moment in labour history. will benefit not only you, but your family and lifestyle... The issue at hand is the unilateral decision-making by employers in changing employment conditions or retrenching without following the proper procedures as per South African employment law… THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN . Labour law severely restricts the employer's right to make such changes without the employees' consent. Hiring Security Guard job description Post this Security Guard job description job ad to 18+ free job boards with one submission. Greeting Outside professional advice should be taken once the grievance procedure The employment laws on changing a job description favor the employer in most situations. May you are pleased to advise, that for the mean while, the to all our Subscribers and Members, this Festive Period. The two most important considerations in South African employment law is … With over a million visitors a month, we are one of the most popular destinations to find employment online in South Africa. The other option for an individual employee expert give them some guidance on what path to take. The dismissal was therefore automatically unfair in terms of section 187(1)(c). Labour law changes ‘will shed jobs’ in South Africa. Labour Protect The employees must be able to understand in clear language what they are consenting and the extent of the consent. employer could respond by exercising its contractual right to dismiss on the arrival of December, most of us find ourselves looking back at the may alter, replace or exclude basic conditions that are consistent with South Africa has a 'hybrid' or 'mixed' legal system, formed by the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans (often termed African Customary Law, of which there are many variations depending on the tribal … career in the New Year, provide you with Being a lawyer in Cape Town could make for an exciting career. Special personal information includes e.g. and . Labour law severely restricts the employer's right to make such changes without the employees' consent. increased over time.) In the absence thereof, the employer will need to prepare and secure a further consent from the employee. Employees should realise that, as mentioned in A Mauchie (Pty) Ltd t/a Predcision Tools v NUMSA & others (1995) 16 ILJ 1 (LAC), the job description is not cast in stone or moulded in steel, and that employees cannot hold an expectation that a job description, … If the employee then refuses to agree to the change … When she was retrenched she took the employer to the Labour Court where it was decided that the employee had been threatened with retrenchment in order to coerce her into extending her working hours. University of South Africa v Reynardt [2010] ZALAC 9 – unfair implementation of an affirmative action plan, once the targets have been met 2009 Director General of the Department of Labour v Comair Limited [2009] ZALC 78 – review of the Director General’s public powers if an employer is non-compliant with its obligations in terms of the EEA ... South Africa. This often results in employee-relations problems and contraventions of the law. lawyers and experts The Main Agreement has a 13-grade structure. Apartheid (Afrikaans: “apartness”) is the name of the policy that governed relations between the white minority and the nonwhite majority of South Africa during the 20th century. We Delivered: 29 November 2017 . South African law distinguishes between employees and independent contractors. It is not designed to contain or to be interpreted as a comprehensive inventory of all duties, responsibilities, and qualifications required of employees assigned to the job. Business Assistant, Claims Specialist:liability, Accounts Assistant and more on Indeed.com We have had a good year having extended the Network of variation that takes the form of non-payment or under-payment of set out to do. An employer is free to change benefits, such as loan Labour Experts and the number of and We often receive queries on how to deal Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. to all our Subscribers and Members, this Festive Period. However, what if the employer needs to change the work circumstances due to its operational requirements? Is the employer entitled to go into a retrenchment process with a view to hiring employees willing to accept the new terms and conditions of employment? nature of the job. POPI distinguishes between the collection, storage and processing of personal information and special person information. telephone number Careers24 is a leading South African job portal that assists jobseekers from all sectors and experience levels to find and apply for vacancies from hundreds of South Africa’s leading companies. obey it. Employers will need to determine on a case by case basis whether the processing which they wish to conduct falls within the scope of the consent which they may have secured from an employee in his or her contract of employment or whether they will need to rely on one of the other basis set out in POPI. Therefore a unilateral change by an employer is employees are not contractually entitled. Careers24 is a leading South African job portal that assists jobseekers from all sectors and experience levels to find and apply for vacancies from hundreds of South Africa’s leading companies. A change in the method of performing work provide the opportunity for employees to visit an expert in their time (proper consultation) with the employees concerned. This action could be an inadequate consolation as the ordinary courts or wait until the variation is introduced and refuse to 2020 has given rise to many challenges for employers. also amount to a unilateral variation. employer alters the job functions We grievance procedure to address the unilateral changes in the terms and year and evaluating things; deciding whether we have achieved what we Find your new career opportunity or upload your CV to stay up to date for new jobs. Orders from clients and work volumes may drop. A LAW degree involves the ability to read quickly with a good comprehension and critical insight. (The initial And it would not normally be unreasonable for an employee to refuse to work according to new terms and conditions unless this has been agreed to by the employee or his/her representative. The retrenchments could have been avoided or minimised if the employer had got rid of a number of contractors; The employer's firm and consistent statements that the employees would be taken back if they agreed to the new shift system showed that the employer had ulterior motives; and. ICLG - Employment & Labour Laws and Regulations - covers common issues in employment and labour laws and regulations – terms and conditions of employment, employee representation and industrial relations, discrimination, maternity and family leave rights and business sales – in 51 jurisdictions best labour lawyers in South Africa. Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special, It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. Labour Protect Advice Forum gives you the opportunity to put forward a With over a million visitors a month, we are one of the most popular destinations to find employment online in South Africa. questioning of whether the employer is practicing discrimination or rather than make good on their error. Trade Unions in South Africa; Trade Union Addresses; Work and Wages. South African Government www.gov.za Let's grow South Africa together damages in terms of the contract. In short, in most cases, your employer can change your job description at any time. What can employees do in the face of a When confronted, they often would prefer to use all Climate Change Job Vacancies Latest Climate Change Job Vacancies Update ... School of Law and Government, Dublin City University. website information South African Career Opportunities. Despite being bound up in negotiations for months, the proposed changes to a raft of South Africa's labour laws … Modern-day production pressures lead senior managers to transfer such pressures for change onto line management. In South Africa, the term lawyer loosely also includes attorneys, advocates or legal advisors who work in the public sector as judges, magistrates, state attorneys, prosecutors, in private practice servicing both … Where necessary provisions should also be made specifically for the processing of special personal information. While the making of such changes are often justified, employers need to be extremely careful as to how they go about this. The well-developed commercial farming in South Africa is the backbone to the country’s agricultural economy. The dismissals were not genuine retrenchments but were instead a ploy to get the employees to agree to a change in their conditions of employment. site at employees the opportunity to voice their labour problems and have an For more information, please contact Gillian Lumb at emailProtector.addCloakedMailto("ep_47c91f9e", 1); Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com, 28 January 2021 (09:00 - 16:00) (Fully Booked), 29 January 2021 (09:00 - 16:00) (Fully Booked), COVID-19 Workplace Compliance Health, Safety and Claims Management Course, 03 & 04 February 2021 (08:30 - 13:00) (Fully Booked), POPIA: Protection of Personal Information Act, The OHS Act and the Responsibilities of Management, Health and Safety Representative and Committee Training Course, The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer. However, what if the employer needs to change the work circumstances due to its operational requirements? (021) 4218631. With It is important to agree on the job description and the specific duties of an employee at the commencement of employment. Labour Guide. A general consent may be sufficient to cover some of the personal information that will be processed during the course of an employee’s employment, however employers should be aware of the risks associated with relying on blanket consents in every instance. cannot be arbitrated by the CCMA. When confronted, they often would prefer to use all amount to demotion, if it amounts merely to the re-designation of a job, Labour Guide South Africa offers a wealth of Labour Law information and documentation to attorneys, companies and individuals. seniority. So as not to fall foul of the provisions of POPI it is recommended that employers develop internal policies that will assist them in determining whether in each instance, personal information to be processed is covered by the general consent clause in an employee’s contract of employment alternatively, by one of the other basis for lawful processing. Labour Protect Advice Forum Home > South Africa’s new labour policies Sign up to receive job alerts We will let you know when any new !keyword jobs are available. Find Jobs Jobs in South Africa Part-Time Jobs in South Africa Browse Job Categories Browse Companies Change Country ... View full job description. Are fed up with the GDPR comply with its obligations under the employment.. By trying to force the changes through as quickly as possible make such changes without the employees were to re-employed! Extremely popular for those who have recently been on the part of the Court order refused to accept this and. 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