Making a case for work-life balance for the South African employee

by | Oct 6, 2019 | ILJ, ILJ V37 I4

Making a case for work-life balance for the South African employee

Authors Tamara Cohen, Neermala Gosai

ISSN: 2413-9874
Affiliations: Associate Professor, School of Law, UKZN; Attorney of the High Court
Source: Industrial Law Journal, Volume 37 Issue 4, 2016, p. 2237 – 2250

Abstract

Work-life balance is premised upon the availability of time for paid and unpaid pursuits, the ability to cope with the mental and physical strain of the job, the availability and use of flexible working arrangements, autonomy in relation to where and when the employee works, and the availability and degree of support for work-life balance in the workplace and social/family unit. This article argues that the attainment of work-life balance is integral to a sustainable workplace and is necessary to meet the demands faced by employees in the 21st century. In support of this argument it considers the drivers for work-life balance policies and practices, including the evolving workforce, the impact of globalisation on business practices and the business case for work-life balance policies and practices. It further considers the obstacles posed by employee perception of the take-up and use of work-life balance practices. The article concludes that work-life balance can be attained by providing organisational support and accommodation for such policies and practices and by changing cultural, societal and gendered perceptions in this regard.

Organising and bargaining across sectors in South Africa: Recent developments and potential problems

by | Oct 6, 2019 | ILJ, ILJ V37 I4

Organising and bargaining across sectors in South Africa: Recent developments and potential problems

Authors Emma Fergus, Shane Godfrey

ISSN: 2413-9874
Affiliations: Senior Lecturer, Commercial Law Department, University of Cape Town; Institute of Development and Labour Law, University of Cape Town; Co-ordinator: Labour and Enterprise Policy Research Group, University of Cape Town
Source: Industrial Law Journal, Volume 37 Issue 4, 2016, p. 2211 – 2236

Abstract

The restructuring of production and rise of services pose significant challenges to trade unions with regard to organisation and collective bargaining in South Africa and globally. In response, NUMSA has resolved to organise all workers at firms, including core and non-core, and all workers along value chains. In effect this means organising and bargaining across sectors, which is contrary to the sectoral orientation embedded in the country’s labour legislation and the strategies of most trade unions. This article examines the legal and practical obstacles at sector and enterprise level that face NUMSA and any unions that might follow its lead. It concludes that while NUMSA’s strategy might be an appropriate response to the changes in the world of work, the statutory framework for organising and bargaining and the existing structures and practices that regulate organising and bargaining on the ground create a number of hurdles for the union and could cause tensions in the existing collective bargaining system.

Reviewing CCMA awards: Undecided and controversial issues

by | Oct 6, 2019 | ILJ, ILJ V37 I4

Reviewing CCMA awards: Undecided and controversial issues

Authors Anton Myburgh

ISSN: 2413-9874
Affiliations: Advocate of the High Court of South Africa; Adjunct Professor of Law at Nelson Mandela Metropolitan University
Source: Industrial Law Journal, Volume 37 Issue 4, 2016, p. 2193 – 2210

Abstract

This article examines undecided and controversial issues relating to the review of CCMA arbitration awards. Firstly, with what intensity should a review for reasonableness be undertaken by the Labour Court? This involves trying to determine the point at which the elastic of reasonableness should snap so as to give rise to a review. Secondly, assuming that all material errors of law are reviewable, what constitutes an error of law? Discussed here is the interconnection between findings of fact and law, and the finding by the Supreme Court of Appeal in the Oscar Pistorius case that a failure to consider material facts constitutes an error of law. Thirdly, what is the reach of the (latent) gross irregularity ground of review? Explored under this head is the Tao Ying debate; Zondo J’s judgment in Toyota dealing with the failure by commissioners to resolve and determine issues; and the meaning of the phrase ‘misconceived the nature of the inquiry’. The law on each of these issues is unsettled. The article concludes with the suggestion that it is time that the Constitutional Court pronounces on the review test again.

Note: Are Uber drivers employees? A look at emerging business models and whether they can be accommodated by South African Labour Law

by | Oct 6, 2019 | ILJ, ILJ V37 I3

Note: Are Uber drivers employees? A look at emerging business models and whether they can be accommodated by South African Labour Law

Authors Kgomotso Mokoena

ISSN: 2413-9874
Affiliations: Lecturer in Law, University of Johannesburg
Source: Industrial Law Journal, Volume 37 Issue 3, 2016, p. 1574 – 1583

Abstract

None

Is South African Labour Law on operational requirements dismissals unduly onerous for employers?

by | Oct 6, 2019 | ILJ, ILJ V37 I3

Is South African Labour Law on operational requirements dismissals unduly onerous for employers?

Authors Emma Levy

ISSN: 2413-9874
Affiliations: CCMA accredited bargaining council panellist
Source: Industrial Law Journal, Volume 37 Issue 3, 2016, p. 1552 – 1573

Abstract

This article interrogates the view that South Africa’s legislation for dismissal based on operational requirements is unduly onerous for employers. It establishes that the obligation to justify collective dismissal in the Labour Relations Act is an internationally accepted practice and that 45 countries listed in the ILO Termination of Employment Digest have mandatory consultation requirements for retrenchment. The South African consultation procedure’s suitability for small business is evaluated and the merits of selective application adopted in some jurisdictions analysed in depth. Innovative alternatives to avoid or minimise the number of dismissals found in some countries are discussed, and national measures to mitigate the adverse effects of such dismissals, such as those for rehiring, are compared with other jurisdictions. The comparative flexibility of selection criteria under the LRA is highlighted and 29 jurisdictions are identified that award higher severance pay for retrenched employees than South Africa. Finally, the requirement of notification of the relevant authorities is outlined, which is an obligation in many countries but not a requirement in South Africa except in the case of mine workers. The article concludes that although South Africa’s law for collective dismissal may be challenging and time-consuming for employers, it is far less onerous than legislation in many other parts of the world.