Workplace Law Chambers

25/03/2025

Exciting News from Workplace Law Chambers! 🚀

We are thrilled to announce that Workplace Law Chambers has a new home! 🎉

📍 Our new office location:

Building 1, Pro Park
Persequor Technopark
29 De Havilland Crescent, Pretoria, 0020

As a firm specializing in labour law and dedicated to representing employers, this move marks another step in our commitment to providing expert legal services in a dynamic and accessible environment.

We look forward to welcoming our clients, partners, and colleagues to our new space. Let’s continue shaping the future of workplace law together!

26/02/2025

The publication of the Nedlac Report on the Labour Law Reform Process proposes significant amendments to the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), the Employment Equity Act (EEA), and the National Minimum Wage Act (NMWA).

Noteworthy proposed changes include the following:

1. Limitation of remedies available for unfair dismissal of high-earning employees;
2. Clarification of the criteria for assessing procedural fairness in dismissals;
3. Introduction of a qualifying period of employment required for full protection against unfair dismissal;
4. Amendments to provisions governing large-scale retrenchment processes;
5. Restriction of the definition of "unfair labour practice";
6. Increase in statutory severance pay entitlements;
7. Expansion of the definition of "employee"; and
8. Exemption of start-up businesses from the applicability of bargaining council agreements.

# Employer

01/01/2025

𝗛𝗮𝗽𝗽𝘆 𝗡𝗲𝘄 𝗬𝗲𝗮𝗿 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗪𝗟𝗖 𝗟𝗮𝗯𝗼𝘂𝗿 𝗧𝗲𝗮𝗺!

As we bid farewell to 2024, we reflect with gratitude on the partnerships we’ve shared and the successes we’ve achieved together.

Here’s to a bright and prosperous 2025 filled with new opportunities and continued success. We look forward to working with you in the year ahead!

Wishing you and your team a safe, successful, and Happy New Year.
Warm wishes,

The WLC Labour Team

https://wlclabour.co.za/

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25/12/2024

𝗦𝗲𝗮𝘀𝗼𝗻’𝘀 𝗚𝗿𝗲𝗲𝘁𝗶𝗻𝗴𝘀 𝗳𝗿𝗼𝗺 𝘁𝗵𝗲 𝗪𝗟𝗖 𝗟𝗮𝗯𝗼𝘂𝗿 𝗧𝗲𝗮𝗺!

As the year comes to a close, we want to extend our heartfelt gratitude to you, our valued clients, for your trust and partnership throughout 2024.

May this festive season bring you peace, joy, and cherished moments with your loved ones. We wish you and your team a Merry Christmas and a prosperous holiday season!

Warm regards,

The WLC Labour Team

https://wlclabour.co.za/

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16/10/2024

𝗔𝗿𝗲 𝘆𝗼𝘂 𝗖𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝘁?

Protect your business by staying compliant with labour law! Labour law sets strict requirements that employers must follow. Non-compliance poses serious risks to businesses, often underestimated and overlooked. Arbitration awards can have a significant financial impact and harm your brand's reputation. No matter the size of your team or industry, compliance is crucial for every employer.

www.wlclabour.co.za

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01/10/2024

𝗪𝗟𝗖 𝗟𝗮𝗯𝗼𝘂𝗿: 𝗪𝗵𝗲𝗿𝗲 𝘁𝗵𝗲 𝗕𝗲𝘀𝘁 𝗪𝗶𝗻𝘀

At WLC Labour, we believe that only the best should lead the way. Join us in our commitment to excellence and experience the difference.

www.wlclabour.co.za

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26/09/2024

𝗟𝗮𝗯𝗼𝘂𝗿 𝗹𝗮𝘄 𝘃𝗶𝗼𝗹𝗮𝘁𝗶𝗼𝗻𝘀 𝗰𝗮𝗻 𝘀𝗵𝘂𝘁 𝗱𝗼𝘄𝗻 𝘆𝗼𝘂𝗿 𝗿𝗲𝘀𝘁𝗮𝘂𝗿𝗮𝗻𝘁.
Let us help you navigate the complexities of minimum wage, employee rights, and more. Our expert advisers will ensure your restaurant is compliant and protected from costly raids and legal actions.

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www.wlclabour.co.za

24/09/2024

𝗨𝗻𝗱𝗲𝗿𝘀𝘁𝗮𝗻𝗱𝗶𝗻𝗴 𝗕𝗮𝗿𝗴𝗮𝗶𝗻𝗶𝗻𝗴 𝗖𝗼𝘂𝗻𝗰𝗶𝗹𝘀 𝗜𝗻 𝗦𝗼𝘂𝘁𝗵 𝗔𝗳𝗿𝗶𝗰𝗮: 𝗧𝗵𝗲𝗶𝗿 𝗥𝗼𝗹𝗲 𝗮𝗻𝗱 𝗙𝘂𝗻𝗰𝘁𝗶𝗼𝗻𝗮𝗹𝗶𝘁𝘆

𝗪𝗵𝗮𝘁 𝗶𝘀 𝗮 𝗕𝗮𝗿𝗴𝗮𝗶𝗻𝗶𝗻𝗴 𝗖𝗼𝘂𝗻𝗰𝗶𝗹?
A bargaining council is an official body formed by one or more employers’ organizations in conjunction with one or more trade unions. These councils are registered under the Labour Relations Act (LRA) and serve specific industries, meaning they are limited in the types of disputes they can address.

𝗙𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗥𝗲𝗴𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗕𝗮𝗿𝗴𝗮𝗶𝗻𝗶𝗻𝗴 𝗖𝗼𝘂𝗻𝗰𝗶𝗹𝘀
The establishment of a bargaining council is governed by Section 27 of the LRA. A council can only be created when one or more trade unions and employer organizations, or the state (if it is an employer in the relevant sector), apply for it. To be valid, the council must:

- Adopt a constitution that aligns with Section 30 of the LRA.
- Register in accordance with Section 29 of the LRA.

𝗠𝗼𝗿𝗲 𝗜𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻:
https://wlclabour.co.za/understanding-bargaining-councils-in-south-africa-their-role-and-functionality/

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17/09/2024

𝗟𝗮𝗯𝗼𝘂𝗿 𝗔𝗽𝗽𝗲𝗮𝗹 𝗖𝗼𝘂𝗿𝘁 𝗥𝘂𝗹𝗶𝗻𝗴 𝗦𝗲𝘁𝘀 𝗛𝗶𝗴𝗵 𝗦𝘁𝗮𝗻𝗱𝗮𝗿𝗱 𝗳𝗼𝗿 𝗔𝗱𝗱𝗿𝗲𝘀𝘀𝗶𝗻𝗴 𝗙𝗮𝗸𝗲 𝗦𝗶𝗰𝗸 𝗡𝗼𝘁𝗲𝘀 𝗮𝗻𝗱 𝗠𝗮𝗹𝗶𝗻𝗴𝗲𝗿𝗶𝗻𝗴
In a significant decision, the Labour Appeal Court (LAC) has highlighted the complexities employers face when dealing with potentially fraudulent medical certificates. This ruling underscores the importance of balancing suspicion with solid evidence to protect both employer interests and employee rights.

𝗧𝗵𝗲 𝗪𝗼𝗼𝗹𝘄𝗼𝗿𝘁𝗵𝘀 𝗖𝗮𝘀𝗲: 𝗔 𝗖𝗼𝗺𝗽𝗹𝗲𝘅 𝗜𝘀𝘀𝘂𝗲 𝗼𝗳 𝗙𝗿𝗮𝘂𝗱𝘂𝗹𝗲𝗻𝘁 𝗠𝗲𝗱𝗶𝗰𝗮𝗹 𝗖𝗲𝗿𝘁𝗶𝗳𝗶𝗰𝗮𝘁𝗲𝘀

The case in question, Woolworths (Pty) Ltd v CCMA, revolved around the dismissal of an employee accused of submitting an irregular medical certificate. Woolworths alleged that the certificate, issued by Dr. Frempong, was fraudulent. Their suspicions were based on prior warnings and observations made during an investigation into the doctor’s practice.

Read More:
https://wlclabour.co.za/labour-appeal-court-ruling-sets-high-standard-for-addressing-fake-sick-notes-and-malingering/

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Labour Appeal Court Ruling Sets High Standard for Addressing Fake Sick Notes and Malingering​.

12/09/2024

WLC Labour - Labour Specialists

𝗧𝗵𝗲 𝗕𝗲𝗻𝗰𝗵𝗺𝗮𝗿𝗸 𝗼𝗳 𝗦𝘂𝗰𝗰𝗲𝘀𝘀

www.wlclabour.co.za

10/09/2024

𝗗𝗶𝗱 𝗬𝗼𝘂𝗿 𝗙𝗶𝘅𝗲𝗱-𝗧𝗲𝗿𝗺 𝗖𝗼𝗻𝘁𝗿𝗮𝗰𝘁 𝗧𝗿𝘂𝗹𝘆 𝗘𝘅𝗽𝗶𝗿𝗲?
Fixed-term contracts are commonly used in employment, with both employers and employees agreeing to the temporary nature of the arrangement. However, despite entering into these agreements with a clear understanding, employees often argue that the natural conclusion of such contracts amounts to unfair dismissal or even permanent employment. Surprisingly, many of these claims are valid.

In the case of November v Kele Mining Solutions and Others (JR217/23) [2024], the Labour Court, in its decision on 31 July 2024, emphasized that employers and CCMA commissioners should not solely rely on the explicit language of termination clauses in Fixed-term contracts. The Court reinforced that parties cannot contract out of the employee’s protection against unfair dismissal, regardless of any “automatic termination” provisions in the contract. The Court also outlined a comprehensive approach for determining whether an automatic termination constitutes a dismissal:

𝗥𝗲𝗮𝗱 𝗠𝗼𝗿𝗲:
https://wlclabour.co.za/did-your-fixed-term-contract-truly-expire/

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05/09/2024

𝗪𝗟𝗖 𝗟𝗮𝗯𝗼𝘂𝗿 - 𝗟𝗮𝗯𝗼𝘂𝗿 𝗟𝗮𝘄 𝗦𝗽𝗲𝗰𝗶𝗮𝗹𝗶𝘀𝘁𝘀
𝗧𝗵𝗲 𝗣𝗶𝗻𝗻𝗮𝗰𝗹𝗲 𝗼𝗳 𝗣𝗲𝗿𝗳𝗼𝗿𝗺𝗮𝗻𝗰𝗲

www.wlclabour.co.za

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