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What is the Importance of the Basic Conditions of Employment act?

South African labour law is fairly progressive compared to many other parts of the world, affording a good deal of protection to both employers and employees. At the centre of labour, legislation is the Basic Conditions of Employment Act (BCEA), No. 75 of 1997, as amended by the Basic Conditions of Employment Amendment Act, No. 11 of 2002. This is the core of labour law in the country; it governs working conditions and relationships and cannot be overruled even by other agreements. (Read More)

The Biggest Problem with Constructive Dismissal and How You Can Fix It

Constructive dismissal, also known as forced resignation, constructive discharge or constructive termination in some parts of the world, is the result of a situation where an employee’s working conditions become intolerable, and they have no alternative but to resign. Cases of constructive dismissal can be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) for compensation claims. Fortunately, many cases are thrown out – for one key reason. (Read More)

5 Things Everyone Gets Wrong about the Employment Equity Act

The Employment Equity Act (No.55 of 1998) is part of the South African labour law landscape, but it can be a source of stress and confusion for businesses. Failure to comply with the legislation can result in heavy fines, but meeting equity requirements can be challenging. Here we look at five common mistakes and misunderstandings about the Act, to making compliance a little easier for companies. (Read More)

Why keeping records of internal processes are important

Constructive dismissal is a term that can make employers nervous. Also referred to as forced resignation, it is action taken by an employee when their work conditions become unbearable, and they see no other option other than to resign. Employees claiming constructive dismissal refer their case to the Commission for Conciliation, Mediation and Arbitration (CCMA), where they seek an award of compensation from their former employer. (Read More)