NEWS  


What does the Con Court Judgment on TES really mean?
2018/08/06

ON YOUR MARKS, GET TES…GO…!


ASSIGN CONSTITUTIONAL COURT JUDGEMENT (26 JULY 2018)


Misconceptions abound.  Initially the private employment sector stated that the judgment “went against the industry” – quoting (from the judgment) that after the three (3) month period the client becomes the sole employer.  To the layperson, or most, this does suggest that the client “becomes the employer” (per se). 

Other headlines read…..

“Labour brokers have been dealt a major blow after the Constitutional Court ruled on Thursday that they were not dual employers when their clients absorbed contract workers as permanent staff”.  To most, “absorbed” suggests “transferred”.

“clients of labour brokers have to hire contractors who earn below R205,433.30 annually, after three months”……”the court ruled that clients of labour brokers were sole employers…..”

“…the highest court in the land has confirmed …that the client becomes the sole employer of the worker by virtue of Section 198A (3) (b) …”

“..subsequently (after the three (3) months) the client becomes the sole employer….. “

“the death knell of labour brokers”

“effectively the client becomes the sole employer after three (3) months…..”

“the court favours the view that once the deeming provision kicks in the temporary employees are effectively “transferred” to the client …”

“the constitutional court has confirmed that temporary workers  employed through labour brokers are permanent employees of the main employer after three months’ work…..”

“the constitutional court favoured the first approach and, therefore, effectively means the company or business where a worker is placed by a labour broker becomes the sole employer of that worker upon completion of three months of service, if that employee earns below R205 433.30 a year….”

“…..the court ruling pulls the wind out of the hated labour broker practice and puts an end to a precarious situation….(of) a dual relationship…”

“after that period the company, where the employee was placed by the labour broker, becomes the “sole employer”.  This means companies are obligated to provide former temporal employees with permanent contracts after the three-month period lapses…”

“an employee contracted through a labour broker to a client firm for more than three months, becomes an employee of the firm…..”

The crisp issue is whether, under the Labour Relations Act, and after the kicking in of the deeming provision (Section 189 A (3) (b)), a situation of sole employment exists (the placed staff member being employed by the client to the exclusion of the TES), or whether a situation of dual employment exists (the staff member being employed concurrently by the TES and the client).

The court phrased the issue as… “The issue before us is what happens to the employment relationship under the Labour Relations Act between the placed employee and the TES once this deeming provision kicks in …. does Section 198 A (3) (b) give rise to a dual employment relationship…or does it create a sole employment relationship between the employee and the client for the purposes of the Labour Relations Act?”

The (narrow) issue before the court was thus only this question.

The emphasis is on “under the/for the purposes of the Labour Relations Act”.

With reference to Section 198 (4A) (joint and several liability) the court stated that “the section provides that while the client is the deemed employer, the employee may still claim against the TES as long as there is still a contract between the TES and the employee.  This is eminently sensible considering that the TES may still remunerate the employee” (my emphasis).

Paragraphs 63 and 64 of the judgment read as follows:-

“In other words, before the 2014 Amendments, a claim had to be brought against the TES first.  The client would be held liable by operation of law if the TES failed to comply with its obligations.  Under section 198(4A), however, the client’s liability ceases to be “default liability”.  The client is deemed the employer of the placed worker and can thus be sued directly in the CCMA or the Labour Court.  In this way, section 198(4A) offers placed workers more protection than section 198(4)’s joint and several liability protection.  It also allows an employee to sue a TES directly, despite it not being an employer.

A TES’s liability only lasts as long as its relationship with the client and while it (rather than the client) continues to remunerate the worker.  Nothing in law prevents the client and the TES from terminating their contractual relationship upon the triggering of section 198A (3) (b), with the client opting to remunerate the placed employees directly.  If this happens, the TES that placed the worker will cease to be a TES in respect of that worker because it will no longer meet the requirement in section 198(1) of remunerating the worker.  The TES will then fall out of the relationship entirely.”

Post the deeming provision therefore, and for as long as the TES continues to remunerate the employee, only the client may be sued, in terms of or under the Labour Relations Act, the TES being excused from liability, in terms of or under the Labour Relations Act.

At paragraph 75 of the judgment the court states that “there is no transfer to a new employment relationship but rather a change in the statutory attribution of responsibility as employer within the same triangular relationship.”  The fact that the client becomes the sole employer, for the purpose of the Labour Relations Act, does not mean or imply a transfer.

The TES may post the deeming provision continue to employ the employee in terms of the law of contract and continue to remunerate the employee.  For as long as the TES continues to remunerate the employee, the TES’s liability continues.

It is thus only on a statutory level (ie under the Labour Relations Act) that the relationship between the TES and the employee is changed or removed.

Accordingly the client does not become the sole employer (other than for the purposes of the Labour Relations Act), there is no transfer of the employment relationship to the client, and the client is not required to employ (contractually speaking) the employees, permanently or otherwise.

Effectively the client becomes the sole employer, but for the purposes of the Labour Relations Act only.

What is thus clear is that the client is or will be the sole employer in law in respect of any matter regulated under the Labour Relations Act, whether it be of an individual labour law nature or of a collective labour law nature.

On the individual labour law front this means, inter alia, that the client will be required to act fairly – significantly procedurally so in that in the past the TES would normally conduct the required employment relations procedures.  This would pertain to all forms of unfair labour practices (like the provision of benefits, suspension, promotion, demotion and disciplinary action short of dismissal).  It also pertains to all dismissals whether for reasons of misconduct, incapacity or operational requirements (of the client).

On the collective labour law front, and whilst Sections 21 (8) (b) (v) and 21 (8D) (12) at present, and somewhat incongruently, consider the employee to be the employee of the TES, the client will be required to respond to and comply with the provisions of the Labour Relations Act regarding an approach by a trade union or trade unions to exercise organizational rights (eg the deductions of union dues (which is, again, incongruent with the judgement recognising that the TES may continue to remunerate the employee and administer payroll), access, election and recognition of trade union representatives (shop stewards)).  Likewise the client would by the employer in terms of collective bargaining, mutual interest disputes declared and strike action.

The Basic Conditions of the Employment Act makes specific reference to a TES, but the judgment did not deal with the question or dispute at hand in so far as the Basic Conditions of the Employment Act is concerned.  The Basic Conditions of the Employment Act defines a TES in the same (or very similar) words to the Labour Relations Act. Sectoral Determinations are provided for under the Basic Conditions of the Employment Act. Some Sectoral Determinations provide that the TES and the client are jointly and severally liable to comply with the determination in respect of its employees (its meaning the TES). Litigation under the Basic Conditions of the Employment Act is thus anticipated.

The judgment also does not traverse the provisions of the Employment Equity Act (the court was not required to).

Section 57 (1) of the Employment Equity Act has always provided that, for the purposes of affirmative action, the employees of the TES are deemed to be the employee of the client where that employee’s employment with the client is of indefinite duration or for a period of three months or longer.

If the judgment is applied to the Employment Equity Act then logic says that Section 57 would be required to be interpreted to mean that the client is the sole employer, under the Employment Equity Act, and accordingly its affirmative action measures, numerical goods per all occupational levels and employment equity plans would (genuinely) apply to TES employees, as if they were employees of the client.

Section 57 (2) of the Employment Equity Act clearly distinguishes between the TES and client as separate employers.  When the sole employer interpretation under the Labour Relations Act becomes operative then one would ask what happens to Section 57 (2), which provides that where the TES, on the instructions of a client, commits an act of unfair discrimination, both the TES and the client are jointly and severally liable.  Logic, but not the current text, says that the client would be solely liable, under the Employment Equity Act.

The 2015 amendments to the Employment Equity Act provide for the meaning of unfair discrimination to include a difference in terms of conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any arbitrary ground.

If the employee (notwithstanding and despite the provisions of Section 198 A (5) of the Labour Relations Act-which provides that after the three month period the deemed employee must be treated on the whole not less favourably than an employee of the client performing the same work) claims as much then, again, logic says that the client is liable once the deeming provision (as interpreted under the Labour Relations Act) becomes operative.  Otherwise litigation in this regard would conceivably be against the TES – ie the opposite of under the Labour Relations Act.

Likewise the question is against whom do allegations of sexual harassment, which is a specific form of discrimination under the Employment Equity Act, lie?  Logic, but not the text, says the client.

If and when the client, after the deeming provision becomes effective, terminates its relationship with the TES then there are a number of unanswered questions.

For example, what happens to the employee’s accrued leave or any other accrued benefits?

Also what happens to the employee’s length of service – is it recognized or “transferred” to the client?  An implication down the line could be the client defending a claim of unequal pay for equal work on the basis of length of service, based on the date of termination of the relationship with the TES, the employee arguing that service with the TES should be recognized (unless the employee had resigned from employ of the TES and entered into a new contract of employment with the client).

Also, the client may embark on a retrenchment exercise.  If the relationship with the TES had been terminated, then again the questions is what is the employee’s length of service – in respect of both fair selection for retrenchment (LIFO) and the calculation of severance pay.  Severance pay is provided for in the Labour Relations Act in that it is required to be consulted on  The Basic Conditions of  Employment Act, however, regulates the calculation of severance pay (as  do many bargaining council agreements and which agreements have their source in the Labour Relations act, not the Basic Conditions of the Employment Act). The client would want to rely on the statutory minimum provision in the Basic Conditions of the Employment Act when calculating severance pay.  The employee may however insist on the client’s agreements or policy on severance pay provisions, where they are more favourable.  Also, the employee may demand severance pay from the TES at the point of the deeming provision – not that this is legally correct. The TES may then ask the client to foot the bill as it (the TES) has not accrued for it.

From the above the obvious question is what are the benefits of continuing to utilize the services of a TES post the deeming provision?

Other than payroll administration there would appear to be few.  The question of course is what is the cost of payroll administration, versus the traditional mark-up charged by the TES.

The TES may have access to the requisite pool of labour and skills.  It could thus procure persons in accordance with the genuine flexibility requirements of the client.  If the business circumstances and current practices are such that the three month period will always be exceeded, then the deliberate rolling of employee contracts to avoid the deeming provision will no doubt be frowned upon.  Section 198 A (3) (b) of the Labour Relations Act does not talk to three consecutive months or to three months in the aggregate / in total.  It is unlikely that any mechanism to avoid three months will pass muster.

Genuine flexibility requirements are the foundation of the legitimate use of a TES.  Traditionally the employees of the client are not employed on an as and when required basis. With the sole employer interpretation under the Labour Relations Act, and where the relationship with the TES has been terminated, it would no longer be a given that ex TES employees can be engaged on terms, different to that of the client, whereby  the employee is automatically  on some variable time arrangement or subject to unilaterally imposed short time. This would have to be agreed, at least consulted on. If the relationship with the TES continues then these type of flexibility arrangements continue in respect of the employee’s contract of employment with the TES, at least before the deeming provision kicks in.  Post the deeming provision it is conceivable that the employee may rely on the provisions of Section 198 A (5) to argue that working on a variable time basis is less favourable.

There are thus many unanswered questions. The business model requires to be revisited and various questions asked. What are the core staffing requirements? What are variable time requirements and variable time contract options? What are the casual labour requirements? Where can fixed term contracts be legitimately utilized and managed? And, of course, what are the cost implications in terms of increased pay rates and employee benefits – either as contractual employees of the client, or by virtue of the provisions of Section 198 A (5)?


A strategic workshop and action plan is required.  No hasty decisions, like “transferring” all TES employees and employing them “permanently” on the “same terms and conditions”, must be taken, nor do they need to be.

 

Gauge the distance of the race before you jump the start.

For further information please do not hesitate to contact one of our experienced Consultants. 

 

Kind regards

Kusile Consulting Services

Tel: 0116092630

Email: kusile@yourside.co.za

 




Labour Brokers - Section 198A(3)(b)... dual vs sole employer
2018/07/26

Dear Clients 

Today (26 July 2018) the Constitutional Court found that the interpretation of Section 198A(3)(b) is that a SOLE EMPLOYER relationship exists.  

Below please refer to the media summary issued by the Constitutional Court on this specific section.  For more information or to receive the full judgment please do not hesitate to contact tanyab@yourside.co.za / kusile@yourside.co.za.  


Media Summary: 

The following explanatory note is provided to assist media in reporting this case and is not binding on the Constitutional Court or any member of the Court. 

On 26 July 2018 at 10h00, the Constitutional Court handed down judgment in an application for leave to appeal against an order of the Labour Appeal Court (LAC).  The case concerned the interpretation of Section 198A(3)(b) of the Labour Relations Act 66 of 1995 (LRA) and whether this deeming provision resulted in a sole employment relationship between a placed worker and a client or a dual employment relationship between a Temporary Employment Service (TES), a placed worker who has worked for a period in excess of three months is no longer performing a temporary service and the client, as opposed to the TES, becomes the sole employer of the worker by virtue of Section 198A(3)(b) of the LRA.  

In 2015, Assign Services, a TES, placed 22 workers with Krost Shelving and Racking (Pty) Ltd (Krost), a number of whom were members of the National Union of Metalworkers of South Africa (NUMSA).  The placed workers provided services to Krost for a period exceeding three months on a full time basis.  Assign Services\'  view was that section 198A(3)(b) created a duel employer relationship, while NUMSA contended that a sole employer relationship resulted form this section.  The Commission for Conciliation, Mediation and Arbitration (CCMA) supported NUMSAs sole employer interpretation.  

In the Labour Court it was held that a proper reading of the section could not support the sole employer relationship, in which both the TES and the client have rights and obligations in respect of the workers.  In an appeal, by NUMSA, to the LAC it was found that the sole employer interpretation best protected the rights  of placed workers and promoted the purpose of the LRA.  

Writing for the majority of the Constitutional Court, Dlodlo AJ, held that the purpose of Section 198A must be contextualized within the right to fair labour practices in Section 23 of the Constitution and the purpose of the LRA as a whole.  The majority found that, on an interpretation of Sections 198(2) and 198A(3)(b), for the first three months the TES is the employer and then subsequent to that time lapse the client becomes the sole employer.  The majority found that the language used by the legislature in Section 198A(3)(b) of the LRA is plain and that when the language is interpreted in the context, it supports the sole employer interpretation.  In the result, the Constitutional Court granted leave to appeal but dismissed the appeal with costs.    

For more information please do not hesitate to contact one of our experienced consultants.  

Kusile Consulting Services 
Tel: 011 609 2630
Email: kusile@yourside.co.za 




Strike Action - 25 April 2018
2018/04/24

Dear Clients 

During the month of April 2018 Gauteng and other areas has seen a lot of protest action.  On 27 March 2018 notice was served by SAFTU and affiliated Registered Trade Unions of intended protected strike action to take place on Wednesday the 25th of April 2018 commencing at 10h00.

 

According to reports thousands of workers are expected to take to the streets and to “make the country ungovernable”.  On 12 April 2018 the federation handed over a memorandum of demands to parliament in support of the strike action. 

 

It is noted that Section 77 of the Labour Relations Act allows employees to partake in protected strike action and the processes were followed hence the strike being protected.  Because the strike is protected, employees may partake in the strike action whether they are part of SAFTU or non-unionised. 

 

What does this mean for business

 

Firstly the principle ‘no work, no pay’ will be enforced.  Employers therefore have to decide what they are to do.  If they decide to close for the day then, in the absence of any agreement between employer and employee, employees are entitled to pay for the day on the basis that they (or some of them) are tendering their services.  Those employees who tell the employer they are going to be absent do so on the basis of “no work no pay”- unless the employer simply turns a blind eye, which is not recommended.  There may be individual cases where employees claim they wished to come to work but where prevented from doing so. If the decision is to close then the employer should discuss and agree the arrangements.  For example it could be agreed that employees take leave or unpaid leave.  In the absence of any agreement it is business as usual for all companies and all cases dealt with separately

 

 

Why are SAFTU taking to the streets?

 

Firstly Parliament is currently considering amendments to the Labour Relations Act, the Basic Conditions of Employment Act and the National Minimum Wage Bill which was gazetted some time ago.  Some of these changes is focusing on strike action and how strike action will become more difficult to institute.  It is furthermore proposed that the Labour Relations Act may allow for the CCMA to intervene in strikes that are a) deemed to be too lengthy and b) violent. 

 

The next issue is, as covered briefly above, is the National Minimum Wage.  Various organisations has agreed with NEDLAC on the proposed minimum wage of R20.00 per hour and SAFTU now objects to this claiming that the rate is simply too low.  Although it is noted that the National Minimum Wage is a mechanism to start a process of implementing a National Minimum Wage it is claimed to be an “insult” to members of SAFTU and others. 

 

The third and final issue (that we are aware of) is NEDLAC membership.  As is common knowledge to some SAFTU remains to be excluded on membership for NEDLAC.  It is noted that SAFTU does not comply with the requirements for membership with NEDLAC in that these requirements include audited membership figures and financial statements.  SAFTU claims that because the union is still “quite new” they are unable to provide the required information. 

 

It is further noted that organisations such as COSATU, NACTU and FEDUSA will not be partaking in the strike for various reasons.  Whilst some agree that the R20.00 per hour minimum wage is “inadequate it is a starting point to improve worker’s lives”, others agree that at least 40% of South African workers are earning below the R20.00 per hour figure and this will be a benefit to many employees and a benefit to South African Labour.  Furthermore that “the amendments to the Labour Relations Act is not a dramatic change to the labour landscape” as they have already been provided for in legislation it’s simply a case of enforcement.  


Should you require any further assistance or information on this please feel free to contact one of our experienced consultants.  


Kind regards

Tanya Barnard 

For and on behalf of Kusile 

Tel: 011 609 2630

Cell: 082 328 7101

Email: tanyab@yourside.co.za / kusile@yourside.co.za 




Domestic Sector Minimum Wages
2018/01/10

Notice has been issued with regards to Sectoral Determination 7 (Domestic Worker Sector of South Africa).   On 15 December 2017 the Minister issued the minimum wages for the Domestic Worker Sector.  When referring to the Government Gazette (No. 41326) two Tables are provided for, “Table 1” and “Table 2”.


WHAT’S THE DIFFERENCE BETWEEN THESE TWO TABLES?

Table 1 refers to Domestic Workers who work more than 27 ordinary hours per week and Table 2 refers to Domestic Workers who work 27 ordinary hours or less per week. 

 

TABLE 1 – MINIMUM RATES: (EMPLOYEES WORKING MORE THAN 27 ORDINARY HOURS PER WEEK) 

The minimum rates are set as follows:

Hourly Rate                           R    13.05

Weekly Rate                          R  587.40

Monthly Rate                         R 2545.22

 

TABLE 2– MINIMUM RATES: (EMPLOYEES WORKING 27 ORDINARY HOURS OR LESS PER WEEK)

 The minimum rates are set as follows:

Hourly Rate                           R    15.28

Weekly Rate                         R  412.60

Monthly Rate                        R 1787.80

 

The minimum rates differ per geographical area.  The above rates are for the areas of: Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality,  Makana Local Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.

 

Should you or your organisation not fall within any of the above mentioned areas contact Ms Tanya Barnard (082 328 7101) or Mr Gavin Mulvenna (082 891 7093) to find out what the applicable minimum rates for your area would be.


Kusile Consulting Services

Tel: 011 609 2630 

Email: tanyab@yourside.co.za / kusile@yourside.co.za 

Your partner in strategic employee relations.  





New Year - New proposed Legislation - Parental Leave
2018/01/01

Is it fair for only biological mothers to receive maternity leave or should “other types of parents” also have the right to “special leave”.  What about same sex partners?  Read our snippet below on the proposed changes contained in the Labour Laws Amendment Bill, specifically in relation to “Parental Leave”

 

Recently the Labour Court highlighted shortfalls within the Basic Conditions of Employment Act regarding “protection to all categories of employees who are parents”.  It is a known fact that the Basic Conditions of Employment Act only makes provision for maternity leave for female employees and Family Responsibility Leave for any employee when a child is born (amongst other provisions). The debate was is should “any type of parent” be entitled to some form of leave. The Labour Laws Amendment Bill has thus been drafted for public comment. 

 

The Bill includes the following new definitions and meanings:  

a)         “Adoptive parent” which means a person who has adopted a child in terms of any law, as prescribed in Section 1 of the Children’s Act;

b)         A “Prospective adoptive parent” which means a person who complies with the requirements set out in Section 231 (2) of the Children’s Act;

c)         A “commissioning parent” is any person who enters into a surrogate motherhood agreement with a surrogate mother, as prescribed in terms of Section 1 of the Children’s Act;

d)         A “surrogate motherhood agreement” means an agreement between a surrogate mother and a commissioning parent in which it is agreed that the surrogate mother will be artificially fertilised for the purpose of bearing a child for the commissioning parent and in which the surrogate mother undertakes to hand over such a child to the commissioning parent upon its birth, or within a reasonable time thereafter, with the intention that the child concerned becomes the legitimate child of the commissioning parent as prescribed in terms of Section 1 of the Children’s Act. 

 

What does the Bill propose?

 

Essentially the Bill introduces and distinguishes between “Parental Leave” and “Adoption Leave” as proposed amendments to the Basic Conditions of Employment Act.  The Bill proposes that an employee is entitled to at least ten (10) consecutive days parental leave from the day that the employee’s child is born, the day that an adoption order is granted or the day that a child is placed in the care of a prospective adoptive parent by a competent court, pending the finalisation of an adoption order in respect of that child, whichever occurs first. The Bill further proposes that all reference to Family Responsibility Leave for the birth of a child be removed and that Family Responsibility will now only apply when a child is sick (other than the normal provisions for Family Responsibility Leave).

 

Secondly the Bill proposes that an employee who is an adoptive parent of a child below the age of two years is entitled to adoption leave of at least ten (10) weeks consecutively OR parental leave referred to above (i.e. ten (10) days).  Leave may commence on the date the adoption order is granted, or that a child is placed in the care of the prospective adoptive parent by a competent court, pending finalisation of an adoption order in respect of that child, whichever occurs first.

 

The Bill provides in terms of Section 25B(7) that if a child is placed in the care of two prospective adoptive parents then one of the adoptive parents may apply for parental leave (i.e. 10 days) and the other for adoption leave (i.e. 10 weeks). 

 

The Bill further provides for “Commissioning Parental Leave” which provides for an employee who is a commissioning parent in a surrogate motherhood agreement.  The commissioning parent is entitled to ten (10) weeks commissioning parental leave or parental leave of 10 days.  Leave may commence on the date the child is born. 

 

What does “OR” mean between the different types of leave?  In the event that two parents (whether commissioning parents or adoptive parents) apply for leave in terms of the provisions above then this means that one parent may take 10 days parental leave and the other parent may take 10 weeks adoption / commissioning parental leave.  This will become a regulatory issue in terms of the relevant departments in the Department of Labour, however, as an employer you may receive a request from the Department of Labour requesting to report on what “type” of leave a parent has applied for i.e. parental leave or adoption / commissioning parental leave. 

 

How would an employee receive payment for the above mentioned leave?

 

If an employee is a UIF contributor then payment for parental, adoption and commissioning parental leave benefits will be claimed from the UIF.  Parental, adoption and commissioning parental benefits must be paid at a rate of 66% of earnings of the beneficiary at the date of application subject to the maximum income threshold. A Collective Agreement in terms of unionised employers may not reduce an employee’s entitlement to any of the above mentioned leave. 

 

The proposed commencement date of the Labour Laws Amendment Act is June 2018.

 

There are certain requirements for employees to qualify for the above mentioned leave as well as UIF payments. For more information on the requirements please contact one of our experienced consultants.  



Kusile Consulting Services 

Tel:      011 609 2630
E-mail: kusile@yourside.co.za 

Your partner in strategic employee relations.  

Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.




Your perception is our reality... our payroll knowledge… your peace of mind!
2017/12/01

Dear Clients 

Businesses face many challenges on a daily basis, and business owners are often looking for ways to streamline processes and focus on the tasks that will have the greatest impact on their goals. One of the way in which a business owner can keep focused on what s/he does best, is to outsource their payroll.


At Kusile Consulting Services we offer a professional payroll outsourcing service. Our service is conducted by payroll specialists who instill knowledge into every project, big or small.


Kusile Consulting Services offers Payroll services including:


  • Processing of Weekly, Fortnightly or Monthly Payrolls;
  • Monthly SARS returns – EMP201;
  • Payroll and related services including IRP5s and bi-annual EMP501 Reconciliations;
  • Employee leave;
  • UI19 and Certificate of Service;
  • WCA - Return of earnings;
  • Month end Reports;
  • Confidential payslips delivered prior to payday or sent electronically.  

For more information about our outsourced payroll offering, please feel free to contact:  Lauren Parker at laurenp@yourside.co.za or call (011) 609 – 2630.  For further information visit our website:  www.kusileconsultingservices.co.za


Kusile Consulting Services 

Your partner in strategic employee relations.  

Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. 

Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.




Strike Action - 27 September 2017
2017/09/26

COSATU general secretary Bheki Ntshalintshali confirmed that a national strike is planned for the 27th of September 2017.  The strike is to stand up against state capture, corruption and job losses linked to the President and the controversial Gupta family. Ntshalintshali believes there is no need to wait for the public protector’s report with regards to state capture.    COSATU believes that they have necessary support not only from COSATU members but from the public as well. 


It is important to note that Section 77 of the Labour Relations Act 66 of 1995 makes provision for NEDLAC to be notified, relevant procedures followed and 14 days’ notice to be given in order for the strike to be protected.  The background to COSATU’s strike is that on 17 July 2017 COSATU submitted a Section 77 (1) (d) notice confirming its intention to proceed with a socio-economic protest strike action on 27 September 2017 against State capture and corruption.  It has further been confirmed by NEDLAC that the strike will be protected. 


How does this affect you as an employer? 

In the event that employees decide to partake in the strike or to stay away from work then an employee’s absence from work becomes that of “no work no pay”.  An employer may agree to having an employee apply for annual leave for the participation in protest action, however, disciplinary action will not be fair (unless one deals with misconduct during the protest action). 

 

Should you wish to receive any further advise on the planned protest action please do not hesitate to contact either Gavin on 0828917093 or Tanya on 0823287101. 

 




National Minimum Wage
2017/05/27

Dear Clients 

 

For some time now the national minimum wage has been looming and with great uncertainty to say the least, finally some proposals have been received from the so called “appointed panel”.  The panel’s recommendation is that a national minimum wage be implemented at R3500 per month on a set rate of R20 per hour, calculated on a 40 hour week. The minimum number of hours per day, at this stage, is set at 4 hours per day however, an opposing party argues that the minimum hours per day be set at 6 hours per day.   

 

It was expected that the national minimum wage would be announced in December 2016 and thereafter implemented before the end of June 2017. Unfortunately legislation has not yet been enacted, and the appointed Panel expects this to be done by the 01st of July 2017.

 

The intention is that the national minimum wage must be implemented on the 01st of July 2017 and the last date for compliance would be the 30th of June 2019.  Small businesses will have a further grace period until 30 June 2020.  It is however noted that the proposed law has not yet been signed into law by Parliament.  The implementation of the minimum wage will thus be 01 May 2018.  The 01st of July 2017 should however not be ignored.  More detail in terms of implementation dates will be provided as it becomes available. 

 

Why comply now?

 

One would ask yourself the question “Why comply now if it is only enforceable in 2018?”.  The simplest answer is that one would only comply with a ‘rule’ once it becomes law, at present compliance is not mandatory.

 

What does this mean to you as an individual? 

 

Well… basically that domestic workers and farm workers will be covered in this national minimum wage.  Domestic workers are required in the first year of implementation, to earn 75% of the national minimum wage.  Thereafter the “phasing in” will commence, until such time that a domestic worker earns the national minimum wage (and / or any increases added to the minimum wage). 

 

The “phasing in” period should not be seen as indefinite.  It will be commented on in more detail once the relevant legislation has been enacted.  With regards to farm workers, a minimum of 90% of the national minimum wage needs to be implemented in the first year prior to “phasing in”. 

 

Who will monitor compliance and how?

 

The Panel recommends that the two existing bodies (the Employment Conditions Commission and the Employment Equity Commission), as well as a newly appointed body known as the DWC (Decent Work Commission) be incorporated into one “department” for ensuring compliance with the new legislation. 

 

There will thus be no specific Sectoral Determination to monitor the national minimum wages for e.g. the Metal and Engineering Industries Bargaining Council.  The Basic Conditions of Employment Act 75 of 1997 will be amended in order to accompany this new proposed legislation. 

 

What will happen if I do not comply with these minimum requirements once it becomes law?

 

Provisions have already been made in terms of penalties for non-compliance.  It is not certain as to the amounts at this stage.  We are however led to believe that the penalties will not vary between business and individuals.  Penalties will be calculated on a pro-rata basis from the date of enactment, until compliance with the national minimum wage. 

 

For more information on the national minimum wage please contact one of our experienced consultants. 

 

Kusile’s Offices – 011 609 2630

Or Email: kusile@yourside.co.za




FURTHER PROTEST ACTION PLANNED FOR 12 APRIL 2017
2017/04/11

Dear Clients 

 

Following our snippet on protest action which took place on Friday the 07th of April 2017 we want to bring it to your attention that there are further protests planned for the 12th of April 2017.  

 

Certain news articles indicate that these protests might become weekly protests until President Zuma steps down.  

 

The 12th of April 2017 marks President Zuma\'s 75 birthday and various organisations, including civil societies and political parties, have called for protest action in response to the most recent cabinet reshuffle.  The march destinations vary.

 

Below please find important information sent out to all employers regarding 07 April 2017 which is still applicable in any further protest action.  

 

From an employment point of view protest action is regulated by the Labour Relations Act.  Because the provisions of Section 77 have not been invoked the protest action will be unprotected, in that the matter had to be referred to NEDLAC and 14 days notice should have been provided before any protest action can start.  This means that it is not only a case of “no work no pay” but also a form of misconduct.  If the protest action was protected it would only be a case of no work no pay.

 

Employers therefore have to decide what they are to do.  Employers may feel they want to support the protest, but they need to be aware of the legal consequences of such action.

 

If they decide to close for the day then, in the absence of any agreement between employer and employee, employees are entitled to pay for the day on the basis that they (or some of them) are tendering their services.  Those employees who tell the employer they are going to be absent do so on the basis of “no work no pay”- unless the employer simply turns a blind eye.  

 

If they decide not to close then those employees who are absent make themselves guilty of misconduct.  (The “no work no pay” rule obviously applies – the question of discipline needs to be addressed). There may be individual cases where employees claim they wished to come to work but where prevented from doing so. 

 

If the decision is to close then the employer should discuss and agree the arrangements.  For example it could be agreed that employees take leave or unpaid leave. 

 

In the absence of such agreement then the obvious question which will arise is why did the employer not react to the situation in the same manner as it did previously when there was labour generated protest action, or as it may in the future.  In the past the majority of employers would have chosen to ignore the misconduct element, but would have still enforced the no work no pay rule.  

 

 

If the intended blockades materialise then, from a purely pragmatic point of view, businesses may decide to close.  But then they need to have considered the consequences and ramifications of how they implement their decision. 

 

The employer needs to be aware of any and all blockades in their area in order to determine the way forward with such situations. 

 

For more information call one of our experienced consultants.  

 

Kind Regards
Kusile Consulting Services 

Tel:      011 609 2630
E-mail: kusile@yourside.co.za 

 

Your partner in strategic employee relations.  

Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.

 




PROTEST ACTION PLANNED FOR FRIDAY 07 APRIL 2017
2017/04/05

Dear Clients 


Various organisations, including civil societies and political parties, have called for protest action in response to the most recent cabinet reshuffle.  The march destinations vary.

 

From an employment point of view protest action is regulated by the Labour Relations Act.  Because the provisions of Section 77 have not been invoked the protest action will be unprotected, in that the matter had to be referred to NEDLAC and 14 days notice should have been provided before any protest action can start.  This means that it is not only a case of “no work no pay” but also a form of misconduct.  If the protest action was protected it would only be a case of no work no pay.

 

Employers therefore have to decide what they are to do.  Employers may feel they want to support the protest, but they need to be aware of the legal consequences of such action.

 

If they decide to close for the day then, in the absence of any agreement between employer and employee, employees are entitled to pay for the day on the basis that they (or some of them) are tendering their services.  Those employees who tell the employer they are going to be absent do so on the basis of “no work no pay”- unless the employer simply turns a blind eye.  

 

If they decide not to close then those employees who are absent make themselves guilty of misconduct.  (The “no work no pay” rule obviously applies – the question of discipline needs to be addressed). There may be individual cases where employees claim they wished to come to work but where prevented from doing so. 

 

If the decision is to close then the employer should discuss and agree the arrangements.  For example it could be agreed that employees take leave or unpaid leave. 

 

In the absence of such agreement then the obvious question which will arise is why did the employer not react to the situation in the same manner as it did previously when there was labour generated protest action, or as it may in the future.  In the past the majority of employers would have chosen to ignore the misconduct element, but would have still enforced the no work no pay rule.  The question is why would this Friday be any different.

 

If the intended blockades materialise then, from a purely pragmatic point of view, businesses may decide to close.  But then they need to have considered the consequences and ramifications of how they implement their decision. 

 

The employer needs to be aware of any and all blockades in their area in order to determine the way forward with such situations. 

 

For more information call one of our experienced consultants.  


Kind Regards
Kusile Consulting Services 

Tel:      011 609 2630
E-mail: kusile@yourside.co.za 


Your partner in strategic employee relations.  

Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. 

Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.





Happy 2017!
2017/01/04

To all our valued clients 

Welcome back and wishing you a happy new year and all the success for you, your family and your business during the 2017 year.  According to the experts 2017 will be a tough year, however, we are happy to remind you that We are your partner in Strategic Employee Relations and we are always @yourside whenever you need us.   

Our offices are open for business and our consultants a call away! 

Kind regards
The Kusile Team 
Your partner in strategic employee relations.  
Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. 

Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.




New Domestic Workers Minimum Wages
2016/11/08

Dear Clients

 

We hereby wish to inform you of the new domestic worker minimum wages.  The new rates would be in place from the 01st of December 2016 until the 30th of November 2017. 

 

South Africa’s Domestic Worker Sector is to have a new upwardly adjusted minimum wage with effect from 1 December 2016.  The latest relief ahead of the festive season will be applicable until 30 November 2017. The minimum wage adjustment is in line with the Basic Conditions of Employment Act which is regulated through the Sectoral Determination. Domestic Workers are by law classified as vulnerable, hence the Sectoral Determination governing minimum wage and conditions of employment.

 

The new sectoral determination of domestic workers prescribes that the minimum wages for domestic workers who work more than 27 ordinary hours per week will earn as follows:

 

*Area A (those in major metropolitan areas) will earn:

·         R12.42        - hourly rate, 

·         R559.09      - weekly rate, and 

·         R2422.54    - monthly rate.

 

*Area B (those not mentioned in Area A) will earn:

·         R11.31            - hourly rate, 

·         R508.93          - weekly rate, and 

·         R2205.17        - monthly rate.

 

In terms of Sectoral Determination Area A includes:

 

Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local, Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan Municipality, Emalahleni Local Municipality, Emfuleni Local Municipality, Ethekwini Metropolitan Unicity, Gamagara Local Municipality, George Local Municipality, Hibiscus Coast Local Municipality, Karoo Hoogland Local Municipality, Kgatelopele Local Municipality, Khara Hais Local Municipality, Knysna Local Municipality, Kungwini Local Municipality, Kouga Local Municipality, Langeberg Local Municipality, Lesedi Local Municipality, Makana Local, Municipality, Mangaung Local Municipality, Matzikama Local Municipality, Metsimaholo Local Municipality, Middelburg Local Municipality, Midvaal Local Municipality, Mngeni Local Municipality, Mogale Local Municipality, Mosselbaai Local Municipality, Msunduzi Local Municipality, Mtubatu Local Municipality, Nama Khoi Local Municipality, Nelson Mandela, Nokeng tsa Taemane Local Municipality, Oudtshoorn Local Municipality, Overstrand Local Municipality, Plettenbergbaai Local Municipality, Potchefstroom Local Municipality, Randfontein Local Municipality, Richtersveld Local Municipality, Saldanha Bay Local Municipality, Sol Plaatjie Local Municipality, Stellenbosch Local Municipality, Swartland Local Municipality, Swellendam Local Municipality, Theewaterskloof, Local Municipality, Umdoni Local Municipality, uMhlathuze Local Municipality and Witzenberg Local Municipality.

 

Domestic workers include housekeepers, gardeners, nannies, domestic drivers among others.  For more information please contact one of our experienced consultants. 

 

Kusile Consulting Services

011 609 2630

Email: kusile@yourside.co.za

Your partner in strategic employee relations 




Legal Representation in the CCMA
2016/10/19

Dear Clients 

For years there has been an argument whether or not legal representation should be allowed in the Commission for Conciliation, Mediation and Arbitration (“CCMA”).  The norm is that registered employers’ organisations and trade unions are allowed to represent provided that the necessary credentials can be proven at the commencement of any proceedings in the CCMA.  In misconduct cases generally an application for legal representation must be made to the presiding commissioner in terms of Rule 25 of the CCMA rules.  Factors that would normally be argued are:

 

a)    - The nature of the questions of law raised by the dispute;

b)   -  The complexity of the dispute;

c)    -  The public interest; and

d)   -   The comparative ability of the opposing parties or their representatives to deal with the dispute. 

 

With this rule in place the sole discretion whether or not to allow a legal representative to represent rested with the commissioner. 

 

However, recently the Labour Court issued an order under case number J645/16 in which it instructed the CCMA to issue a Practice Note in which it advised CCMA Commissioners to use their discretion when being approached by a Non-Profit Organisation like the CWAO (The Casual Workers Advice Office) “or any other party” to represent an Applicant in a dispute.  The CCMA’s Practice Note states that a Commissioner “may condone non-compliance with the provisions of Rule 25 on good cause shown and in the spirit of the LRA to represent a party at CCMA proceedings”.

 

What does this mean?

 

This means that any applicant may be represented by a non-profit entity or “any other person” because the discretion is with the Commissioner.  The likelihood of this request being denied by a Commissioner is slim, especially in cases where for e.g. a qualified Human Resources Manager or someone of the like represents the employer (respondent). 

 

For further information on the practice notes published or detail regarding the right to representation and how this will affect your organisation please contact one of our experienced consultants. 

 

Kusile Consulting Services 

Your partner in strategic employee relations.  
Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. 



Possible Mass Action - National Minimum Wage
2016/06/08

MASS ACTION AFTER MINIMUM WAGE TALKS COLLAPSED

 

The Business Day has reported that Unions are allegedly gearing up for partaking in mass strike action after talks about a new national minimum wage has collapsed.  After numerous sittings negotiations have reached a deadlock with NEDLAC.  The claim is that businesses are too reluctant and government is not doing its bit to steer the process. 

 

It is reported that the ANC had committed to alliance partner, COSATU, that the party would look into the issue of a national minimum wage and that this so called national minimum wage formed part of the governing party’s 2014 manifesto. 

 

Government agrees on the need for a national minimum wage, however, since 2014 there has been no solution to this. 

 

It has further been reported that the discussions included “taking this discussion (minimum wage) to the streets to re-ignite the talks and force business to come to the party”. 

 

The intention is to formalising a dispute regarding the minimum wage and to ensure that the mass action referred to is protected i.e. a protected strike.

 

What does this mean for your business?

 

This means that should mass action be arranged, and same is protected in terms of the necessary rules and procedures, then staff may partake in the “strike”.  This will affect labour, productivity, production and the operations of any business.  The only recourse the employer would have is to implement the rule “no work no pay”.   

 

The bigger picture with a governed minimum wage is that many operations may be forced to close its doors as this minimum wage may have a negative impact not only business but the economy as a whole.

 

Earlier this year in March, Deputy President Cyril Ramaphosa acknowledged the risks associated with introducing a national minimum wage and confirmed that the immediate outcome will likely result in job losses, however, claimed that government would seek to set a minimum wage at a level where instead of a negative impact it would “spur economic growth”.  There are even further claims / talks that Government might implement a very high minimum wage just before the municipal elections!

 

Send us your views on a national minimum wage and how it will impact on your business.  We will draft a response on behalf of business and “let your voices and views be heard”. 

 

For further information about what to do when employees partake in mass action please do not hesitate to contact one of our experienced consultants.  We will keep you updated once new information is made available on this topic.

 

Yours sincerely

 

 

Kusile Consulting Services

Your partner in strategic employee relations.  

Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. 

Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.

 




Strategic Employment Relations
2016/02/21


“If you want to grow and develop your business, you have to grow and develop the people in your business” - John Povey

 

Whatever business you are in, you need to examine the people side of the organisation with the same strategic care and attention as you would your marketing, sales, production or distribution activities.  This is because however excellent your product and service is, it is only achieved through the people in the enterprise.

 

If business strategy looks at developing markets, products, systems and processes, then it needs to look at people with a strategic approach as well.  Kusile has created a unique approach to employment relations in their client’s business through its HR Value Chain.

Kusile’s approach is to examine each aspect of the HR Value Chain against the business strategy of the client to determine what areas need focus and how to establish an effective programme to cultivate a cohesive approach to managing its people from engagement to separation.

 

Like any other business strategy this is all premised on the core values of the organisation: its vision and mission and its general philosophy about the way it conducts itself.

 

By using Kusile’s unique SELF analysis in developing strategy, clients are able to interrogate their current status against any given value or strategic objective.  The SELF analysis is a structured tool that helps to examine current practices, outside influences and constrictions to execution of the value or objective.  From this analysis it becomes easy to identify the strategic actions that are necessary to accomplish the objective. 

“The ability to break down concepts into simpler elements is a great aid to understanding the issue and provides a framework to develop practical steps to achieve the objective”.

 

Too many people take solutions that have worked in other organisations or other contexts and apply them without considering the unique attributes of the specific client or the situation in which they operate.  We have seen documents like policies cut and pasted from organisations whose philosophy is far removed from that of the client. The result is that the policy reflects values that do not synchronise with those of the client and there is a discord between the principles of the business and the content of the policy.

 

Whilst these may be tried and tested processes that have been successful in the past it does not mean that they fit all situations.  “Gaining a deep understanding of the philosophy and beliefs of the business and the entrepreneurs that drive them is a critical aspect of the success of any employment  relations strategy”

 

The Kusile team will engage to understand the drivers of the business in terms of business strategy, entrepreneurial philosophy and people ethics.  Armed with this appreciation of the ethos of the organisation we can engage in the process to formulate the employment relations strategy in the specific areas of the HR value chain requiring attention.

 

This approach has underpinned the reliability of Kusile’s advice and services and is attested to by the number of clients of many years’ standing.  John says that in the field of employee relations consultancy, to have dozens of clients of more than fifteen years is a true testimony of the value of the relationships we have moulded over the more than thirty five years of our existence.  Having clients for more than thirty years is a true testimony of our strategic approach to addressing the people needs of our clients.

 

If the solutions to labour issues are not linked to and interwoven with business strategy, then they are unlikely to be successful or sustainable. ”It seems like a cliché to say that when our consultants are with a client we feel like a member of their management team, but that is how we feel about our clients. In many cases we have been with the client longer than their current management team” John said.

 

“It has been a very interesting journey over the last thirty years of consulting in labour relations” said John. “From the fervent days of the struggle to the enlightenment of employment equity and skills development, we have been applying a strategic approach to address the needs of our clients.”  One example of this are the wage costing models that enable clients to go into wage negotiations with confidence that they can measure the true impact of their proposals and those of the Union.  “This also provides insight into negotiations strategy by being able to examine the impact of proposals that aid the linkage of items and what can be traded or conceded.”

 

To be able to support our consulting approach with a wide array of relevant, up to date, customised and practical training programmes enables Kusile to fulfill one of its own core beliefs – to internalise skills in their clients.  This is because the consultant cannot take the place of management in developing relationships with employees. “If we are to build sustainable solutions for our clients, they have to be able to carry out the strategy themselves”. As an accredited provider with the Services SETA and ETDPSETA we are able to enhance supervisory, management and skills development competencies in our clients through training as well as practical hands-on advice and guidance.

 

Having been part of the skills development revolution whilst representing the Diamond Polishing industry at the Mining Qualifications Authority, the knowledge and understanding of the objectives of the skills development revolution has enabled Kusile to develop practical approaches to combining employment equity, succession planning and skills development strategies for meaningful engagement and people development. “The development of provider accreditation requirements was a particularly useful contribution to the understanding of outcomes-based education in the workplace.” It is this kind of experience that laid the foundation for the development of Kusile\\\'s wide range of management programmes. 

 

By engaging Kusile Training our clients can proactively address the ever-changing requirements in people management and enjoy the benefits of partnering with one of SA’s leading and longest serving labour consultancies. We create effectiveness in dealing with a range of HR and management topics. We ensure the currency of our training experience by having our knowledgeable consultants facilitate learning thereby ensuring the skills and experience imparted is practical and current.

 

Being able to provide a full array of expertise is another critical aspect of engagement with Kusile as your strategic employment relations partner.  No one person can have all the know-how needed to fulfill the HR function any more.  Kusile provides a team of experienced and accessible consultants who collectively can meet the needs of clients and enable them in the execution of their people strategies. These skills spread from employee relations to recruitment and selection, HR Development, job profiling, assessment, grading, performance management, employment equity, skills development, succession planning, broad-based black economic empowerment, quality and provider accreditation as well as payroll services.

 

“It is the strategic approach, coupled with a passion for people development that has enabled Kusile to have lasting impact in the success of our clients.”


For more information on Kusile\'s HR VALUE CHAIN please contact one of our specialised consultants. 


Kusile Consulting Services 

Your partner in strategic Employee Relationships 

Tel: 011 609 2630

Email: kusile@yourside.co.za 

 

 

 





The Protection of Information Act (POPI) 4 of 2013
2015/03/19

POPI regulates the processing of personal information. POPI was signed into law in November 2013.

POPI promotes the protection of personal information processed by public and private bodies and establishes minimum requirements for the processing of personal information. Privacy and data protection Acts have already existed in other countries for a number of years. 

The Explanatory Memorandum to the POPI Bill states that “……. …. the Bill aims to protect the right to privacy by introducing measures to ensure that personal information of an individual (data subject) is safeguarded when it is processed by responsible parties. The Bill also assists to balance the right to privacy against other rights particularly the right to access to information. 

Personal information broadly means any information relating to a living natural person or juristic person (companies, close corporations etc.), including but not limited to; 

Ø    Contact details (emails, address, telephone)

Ø    Demographic information (age, race, sex, ethically etc.)

Ø    Opinions of and about the person

Ø    Private correspondence

Ø    Biometric information

Ø    History (employment, financial, educational, criminal etc.) 

Processing means anything done with personal information including capturing, collection, storage, usage, dissemination, modification or destruction. 

Accountability for compliance vests with a responsible party meaning a public or private body or any other person which alone or in conjunction with others determines the purpose of and means for processing personal information. 

If your company processes (i.e collects, receives, records, stores, collates, organises, updates, edits, modifies, retrieve, alters, consults, uses, disseminates, distributes, merges, links, erases or destroys) personal information then the implications of POPI need to be fully understood. 

POPI compliance involves capturing the minimum required data, ensuring accuracy and deleting data which is no longer required. Compliance requires identifying personal information and taking reasonable measures to protect the data. 

If your organisation processes personal information then a policy and procedure require to be drafted and implemented so as to avoid non compliance with the provisions of POPI. 

“Personal information” can relate to employees, customers, suppliers – anyone the business interacts with. 

There are eight conditions in POPI – 

Ø    Accountability – assigning ownership in your business

Ø    Processing limitation – processing data for lawful purposes only so as not to infringe privacy

Ø     Purpose specification – only obtaining and retaining data for a specific reason

Ø     Further processing limitation – processing must be compatible with the purpose for which it was collected

Ø     Information quality – ensuring that data is accurate and complete

Ø     Openness – informing individuals that their data/information has been obtained and the purpose thereof

Ø     Security safeguards – ensuring the integrity of personal information via technical and organisational measures

Ø     Data subject participation – an individual has the right to request whether an organisation holds the personal information and to request that the information be deleted 

Given these conditions personal information such as employee and customer data will have to be protected and processed differently in accordance with the law, information will not be permitted to be disclosed without consent,  and data will have to be deleted and destroyed in a controlled manner. 

Responsible parties must have a thorough understanding of POPI so as to be able to manage personal information in compliance with the law. Those tasked with ensuring compliance as responsible parties could include CIO’s and IT managers, governance officers, marketing managers, human resource managers, credit managers, directors, retirement scheme trustees etc. 

A number of considerations will have to be taken into account when designing and implementing POPI policy and procedure: - 

Ø    Organisation structure – appointment of the responsible party

Ø    Technology – identification of personal information electronically store and design of procedures to protect and safeguard personal   information

Ø    Contractual – review all contracts with suppliers, customers to includ personal information protection

Ø    Business – identify processes which involve personal information, including employee information and implement safeguards, for example amended recruitment procedures 

POPI places a number of responsibilities on the entity or responsible person including obtaining consent to process a person’s personal information, notifying persons when their personal information is collected and the purpose for which it is collected, implementing security measures to protect the integrity of information, identifying the legitimate purpose for which personal information is processed, contracting with third parties who process personal information on your behalf to ensure compliance etc. 

Regulation of the POPI will be by means of external enforcement by the Information Protection Regulator and information protection officers. POPI creates criminal offences such as breaching a person’s confidentiality, failing to comply with the Regulator’s enforcement notices or obstructing the Regulator, which offences attract penalties of imprisonment or fines of up to R10 million. Persons whose right to privacy has been infringed may also sue civilly. 

All entities need to plan for the impact and reach of POPI. Policies and procedures are to be designed and implemented. Security measures and safeguards need to be put in place.  The risks need to be assessed and strategy and action plans devised. An implementation framework and compliance assessment/monitoring mechanism are required. 

In implementing the plan minimum requirements will have to be met. Mechanisms used to process personal information will have to be audited so as to ensure the integrity and safekeeping of the information and to avoid its loss or damage. The purpose for which personal information is collected, gathered and processed must be carefully defined so as to ensure it’s lawfulness.The processing of personal information must be limited given the purpose for which it is processed. The information must be relevant to the activities of the entity concerned. Individuals must be advised of the processing. Any personal information processing on behalf of a third party must be for the purpose for which the data was initially processed. Accuracy and completeness of the information must be ensured. The Information Protection Registrar must be notified as and when required. Requests from data subjects must be accommodated. Personal information must be deleted or destroyed once the purpose for its processing is achieved. 

Kusile Consulting Services can assist you with an audit of your human resources and allied practices to ensure preparedness for the requirements of POPI.  Our offering includes the design and compilation of an Internal Handling Policy and POPI Policy/Manual.




Fixed Term Contracts and the amended LRA - What to do?
2015/03/12

Dear Clients 

With the inception of the Labour Relations Act 65 of 2014 on 01 January 2015 new protection is afforded to employees employed on fixed-term contracts of employment. 

The Amendment Act’s provisions which now regulate fixed-term contracts of employment are provided for in the new Section 198B. Section 198B does not apply to employers who employ less than 10 employees or to employers who employ more than 50 employees during the first two years of the employer’s business, or to employees earning more than the statutory remuneration threshold of R205,433.30. It also does not apply to employees employed in terms of a fixed contract which is permitted by any statute, sectoral determination or collective agreement. 

An employer is permitted to employ an employee to whom the new section applies on a fixed term contract or successive fixed term contracts for up to 3 months. (The meaning that will be given to the word “successive” will be critical – there is no specific explanation or provision to the effect that fixed-term contracts may or may not be interpreted by a certain period of time when calculating the 3 months period. The probable interpretation will be that the collective duration of separate fixed term contracts will be utilised to determine whether the 3 month period has been exceeded).  

The employer may employ the employee on a fixed – term contract or successive contracts for longer than 3 months only if the nature of the work for which the employee is employed is of a limited or definite duration or if the employer can demonstrate any other justifiable reason for fixing the term of the contract. (This should surely say “contract or contracts”). Section 198B(4) sets out a non- exhaustive list of a justifiable reasons for fixing the term of the contract. 

Employment in terms of a fixed-term contract concluded in contravention of Section 198B is deemed to be of indefinite duration, unless the nature of the work is of a limited or definite duration or the employer can demonstrate any other justifiable reason for fixing the term of the contract. 

An employee employed on a fixed term contract (should no doubt say “contract or contracts”) for longer than 3 months must not be treated less favourably than an employee employed on a permanent basis performing the same of similar work, unless there is a justifiable reason for different treatment. This provision on treatment applies 3 months after commencement of the Amendment Act, i.e. on 01 April 2015, for fixed term contracts of employment entered into before the commencement of the Amendment Act. (One would think that this provision on treatment would only become effective after the employee is deemed to be permanent, or at least after any longer justifiable duration (as is permitted) – but that is not the way the relevant sub-section is worded. 

Employees employed on fixed term contracts of employment must now be afforded equal opportunity to apply for vacancies. Section 198C also introduces new provisions in respect of part time employees.
There are therefore a number of urgent considerations to be dealt with by employers who utilize fixed-term contracts of employment. These considerations will include assessing what justifiable reasons might exist to extend the duration of fixed-term contracts (for example temporary increases in the volume of work, employment on a specific, limited project etc.), analysing the terms and conditions of employment of fixed-term employees, determining the possibility of concluding a collective agreement with the trade union, analysing fixed term contracts of employment entered into prior to the Amendment Act (the Amendment Act can hardly be retrospectively effective) etc. 

It should also be borne in mind that the existing provisions on the law of dismissal and the concept of reasonable expectation of renewal of a fixed-term contract of employment remain, and in fact now extend the expectation to include an expectation of permanent employment. 

Other questions will relate to the right of the employer to employ the employee on a (fixed term) probationary period and the existing provisions of certain bargaining councils on the utilization of fixed term contracts, which may differ, for example, in respect of the permissible duration of fixed term contracts. 

We have developed an audit mechanism and strategic approach to assist you, proactively and before it is too late, in managing the utilization of fixed-term contracts of employment, at present and into the future. We would welcome the opportunity to discuss our approach with you. 

Kind Regards
Kusile Consulting Services 
Your Partner in Strategic Employee Relations 



Labour Relations Act Effective 01 January 2015
2015/01/14

Dear Clients

Please note that the Minister of Labour issued a notice in the Government Gazette that the date for the amendments to the Labour Relations Act will come in effect on 01 January 2015.  

Kusile Consulting Services will keep you up to date of the changes and how it will affect you and your organisation.  

Yours sincerely 

Kusile Consulting Services

Your partner in strategic employee relations.  





Changes to the Labour Relations Act Strategic Remuneration
2014/12/12

Dear Clients

 

With the imminent changes to the Labour Relations Act and the already promulgated changes to the Employment Equity Act and the recent Labour Appeal Court judgement in Apollo management decision making and discretion in remuneration practices will now be open to challenge.  

 

Accordingly we hereby invite you to a half day session on Strategic Remuneration on Friday 23 January 2015 at 13h00 at Kusile Office Park.  

 

The following will be the topics in discussion: 

 

  • New Employment Equity Act will provide for unfair discrimination claims specifically in respect of terms and conditions of employment - such disputes will be arbitrated; 
  • Case Law Developments - Pay is now included under the definition of \\\"benefits\\\".  Management discretion exercised in respect of benefits will be subject to scrutiny under the unfair labour practice definition; 
  •  Risk for Employers - Remuneration - exercise of management prerogative or discretion is challengeable.  Process followed in exercising discretion may be challenged.  Inconsistent application could lead to adverse awards.  Adverse awards in respect of unfair and discriminatory remuneration policies and practices.  

 

For more information on the Strategic Remuneration session please contact us on 0860KUSILE (0860587453); or email us on kusile@yourside.co.za

 

Yours sincerely

Kusile Consulting Services

Your partner in strategic employee relations.  

Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. 

Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.

 




IR Training - Do you know what action to take against your employees?
2014/09/18

Kusile Consulting Services is back by popular demand offering IR Training.

This Industrial Relations course comprised of initiating a disciplinary enquiry / hearing and chairing disciplinary enquiries. This course is designed to enable managers to conduct proper disciplinary hearings and to administer disciplinary principles in a fair and consistent manner. 

Kusile Consulting Services leads you through the required procedural and substantive aspects pertaining to disciplinary action principles as contained in the Labour Relations Act and related Codes of Good Practice and recent employment case law.

 

More importantly, managers will realise that the process of implementing discipline, whether resulting in dismissal or simply warnings, need not be a difficult time consuming process.


Come discover some surprising aspects of disciplinary hearings. Just need to bring yourself! We will provide the rest!

When: 29 & 30 September 2014
Where: 20 Terrace Road Edenvale 1609
Who: YOU!!
Cost: R1400.00 per person.  (This fee is for two days training)


RSVP by: 25 September 2014 by contacting 0860KUSILE (587 453) / (011) 609 2630 / 4037 or emailing Tanya / Michelle 
kusile@yourside.co.za 

Note that a maximum of 15 delegates can be accompanied. Training will be confirmed on 26 September 2014 if the desired amount of delegates had been reached.

For more information visiwww.kusileconsultingservices.co.za

Your partner in strategic employee relations.  
Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. 

Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.





IR Hotline Update - Earnings Threshold
2014/07/09

Dear Clients 


Notice has been issued with regards to the recently released determinations made by the Minister of Labour.  The Minister of Labour has recently released the latest earnings threshold with effect from 01 July 2014 the earnings threshold for the purposes of the Basic Conditions of Employment Act No 75 of 1997 will be increased from R193, 805.00 per annum to R205, 433.00 per annum. This amounts to R17 119.44 (previously R16 150) per month.


What do earnings mean?

Earnings are defined in the determination as being an employee’s regular annual remuneration before deductions. 


What does Earnings Threshold mean?

 

For practical purposes this means that with effect from 01 July 2014 only employees who earn in excess of R205,433.00 per annum will be excluded from the provisions of the BCEA pertaining to ordinary hours of work (Section 9), overtime (Section 10), Compressed working weeks (Section 11), averaging of hours of work (Section 12), meal intervals (Section 14), daily and weekly rest periods (Section 15 of the Act) pay for work on Sundays (Section 16), night work (Section 17(2)), and payment for public holidays on which the employee would not ordinarily work (Section 18 (3)). 


Will this affect my employees who earn less than R205,433.00 per annum?

 

No, Any employee who earns below this threshold amount will be entitled, by law, to continue receiving payments and or benefits provided for in these sections.  Also note that it is yet to be determined if the same threshold will be applied to Sectoral Determinations.  The figure does not apply to Bargaining Councils.  


Should you need any further assistance with the Earning\\\\\\\'s Threshold please do not hesitate to contact one of our experienced Consultants! 


Kind Regards

Kusile Consulting Services 

Your partner in strategic employee relations.  

Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. 

Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.





IR Hotline Snippet - SD14 Hospitality Industry Wage Increase
2014/07/04


Dear Clients


Please find below the latest wage rates for the hospitality sector (SD14).  Note these rates are applicable and in force effective 01 July 2014 to 30 June 2015.


Table 1:  Minimum wages for employers with 10 or less employees

Minimum rate for the period - 01 July 2013 to 30 June 2014

Monthly: R2 415.86

Weekly: R557.55

Hourly: R12.39

New rate Effective 01 July 2014 to 30 June 2015: 

Monthly: R2601.88

Weekly: R600.48

Hourly: R13.34


Table 1:  Minimum wages for employers with more than 10 employees

Minimum rate for the period 01 July 2013 to 30 June 2014

Monthly: R2692.74

Weekly: R621.45

Hourly: R13.81

New rate Effective 01 July 2014 to 30 June 2015: 

Monthly: R2900.08

Weekly: R669.30

Hourly: R14.87


Note:   The current wage increases have been determined by utilising the CPI (excluding owners’ equivalent rent) reported by Stats SA on 23 April 2014.  The current level of CPI is 6.2%.  The minimum wage increases is therefore determined by adding 6.2% plus 1.5% as stated in the current Sectoral Determination.  The total increase is 7.7%.  


Should you need any assistance please contact one of our Consultants.  


Yours sincerely 


Kusile Consulting Services 

Your partner in strategic employee relations.  

Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.  





NUMSA - Protest Action - 19 March 2014
2014/03/13

Dear Clients 

We wish to inform you that NUMSA intend on possible strike action.  Initially the focus was on “Jobs for Youth” however, the focus has now shifted to form demonstrations to highlight “the historical call for a budget that meets the basic needs of people”.  The intended strike action is proposed for the 19th of March 2014

  

What does the employer stand to do?

At this stage no information has been received whether this protest action will be protected or unprotected.  If it indeed turns out that the protest action is not protected employers reserve their right to take disciplinary action against employees partaking in the unprotected industrial action. 

Any absence from work if the protest action is not protected will then be dealt with as unauthorised absence.  However we will urge our clients to first make contact with us to ensure that all correct procedures are followed and to ensure guidance in terms of protected and non protected action.  Lastly the obvious rule will apply - NO WORK NO PAY.


Please do not hesitate to contact us should you have any questions. 


Kind Regards

Kusile Consulting Services  

Your partner in strategic employee relations.  

Kusile Consulting Services’ origins date back to its establishment in 1980 as a pioneer management consultancy in the ever changing and dynamic field of employee relations. Our expertise is founded on years of experience at the forefront of strategic labour relations in a diverse array of industries and sectors.  The value of our proposition encapsulates the human resources value chain from recruitment to termination of the employment relationship. Our ability to align your people management and development to your strategic business objectives and to provide practical solutions guarantees you bottom line results. Our quality, integrity and array of customised, integrated and accredited services distinguish us as your preferred business partner. Experience effective hands on management of your human resources - invest now and be assured - we are your partner in strategic employee relations.  




Madiba FNB Memorial - 10 December 2013
2013/12/09

Dear Members

Following our recent update on the passing of Nelson Mandela we wish to inform our members that a memorial service will be held at the FNB Stadium in Soweto on the 10th of December 2013.  

You might have received calls and requests for leave to attend tomorrows memorial.  You ask yourself... What should I do in the circumstances?  We have the answer... The employee should apply for annual leave - unless the employer will agree to paid time off for the event.  

As we have further been informed public transportation will be greatly affected as public transport will be free to the FNB Stadium.  Therefore if employees report for duty late or is absent one would need to consider the absence or late coming on its merits, however, the employer may adopt a more lenient approach given the circumstances.  

For any further questions on the subject matter, please do not hesitate to contact us.  

Kind Regards

Kusile Consulting Services 

 



Madibas Passing - What should Employers Do
2013/12/06

PROCEDURE TO FOLLOW ON THE ANNOUNCEMENT OF THE PASSING AWAY OF NELSON MANDELA

 

Regrettably, the health of our former president Nelson Mandela has deteriorated and as we have been informed on the night of 05 December 2013 that this this great man s time has come for his calling to his maker.

 

Now that the news of the passing of Madiba has been made public Management in each department should call the staff together at an appropriate location to advise them of the sad event.  Management should hold a minute’s silence and Security will ensure that all flags on the property are set at half-mast. (where applicable).  

 

On completion of the moment of silence Management will ask staff to reflect on the greatness of our first democratically elected president and what he fought for and stood to uphold for our country.  Management should urge staff to remember the good things he had done and to celebrate his life rather than mourn his death.

 

Management should encourage all departments to adopt the same procedure so that we can stand as a Nation and we can honour the life of this great man.  Each Head of Department should identify the appropriate locations to conduct the meetings and inform their subordinates accordingly.  We do not want to turn this moment of respect into a mass gathering and we do not want to compromise safety or production.

 

We have been guided by announcements from the State and we would expect the mourning period of ten (10) days during which the flags will be flown at half-mast.


                                                                                TATA MADIBA MAY YOU REST IN PEACE

                                  \\\"No one truly knows a Nation until one has been inside its jails.  A nation should be judged by how it 

                                                       treats its highest citizens but its lowest ones\\\" - \\\" Do not judge me by my successes, 

                                                                   judge me by how many times I have fell down, and got back up again\\\" 

                                                                                                       - Nelson Mandela - 


Should you require assistance with regards to the above please contact Kusile.  


Yours sincerely 


Kusile Consulting Services 




UIF Toll Free Number
2013/09/19

Dear Clients
 
The Unemployment Insurance Fund (UIF) has put in place a brand new toll free number to assist and save its beneficiaries costs when calling the UIF call centre.  UIF Commissioner Boas Seruwe stated that the new toll free number is 0800 843 843.  He further stated that the previous UIF number (012 337 1680) will still be in effect. 
 
Kind Regards

The Kusile Team



How many cases do you think the CCMA deal with?
2013/07/22

Dear Clients 

The Director of the Commission (CCMA) Nerine Kahn, has described the sharp increase in the number of cases before the CCMA (and bargaining councils) as an early warning indicator that the economy is heading for extremely tough times.  According to Kahn, the CCMA\'s case workload has increased by 25% over the last 5 years.  

Last year alone 160 000 cases were heard by the CCMA.  This relates to over 13 000 cases per month and 3 333 cases a week.  If one wants to go that far it works out to approximately 667 cases on a normal working day.  The unprecedented rise in the caseload reflects negatively on the stance of industrial relations in SA which is worrying in light of stability in the labour market and economic environment.  

Envisaged amendments to the Labour Relations Act according to Kahn are expected to add considerably to the CCMA\'s workload.  

Watch this space in the next few weeks to learn all about the proposed changes to the Labour Relations Act, Basic Conditions of Employment Act and related.  There will furthermore be a brand new EMPLOYMENT SERVICES BILL which deals with Labour Brokers.  

Should you require more information please do not hesitate to contact one of our consultants! 

Yours sincerely 


Kusile Consulting Services. 





Survey done by NEASA



NEW EARNINGS THRESHOLD
2013/07/04

Dear Clients

Following our recent update on the earning\'s threshold, notice has been issued that the Minister of Labour on the 1st of July 2013 published a new annual earnings threshold increasing the threshold figure from R183 008.00 to R193 805.00.  This means that the monthly threshold is now R16 150.41.  

The Minister of Labour further indicated that employees earning more than R183 008.00 but less than the new threshold of R193 805.00 now enjoy the protections provided for in Sections 9, 10, 11, 12, 14, 15, 16, and 17(2) of the Basic Conditions of Employment Act (BCEA).  Most importantly they are now entitled to be paid overtime and their working hours are restricted by the aforementioned sections.  

Should you require any further detail on the above mentioned sections please call one of our experienced consultants with your request.  

Kind Regards

Kusile Consulting Services 



Earnings Threshold - Basic Conditions of Employment
2013/06/20

Dear Clients

The Minister of Labour, Mildred Nelisiwe Oliphant, issued notice inviting interested persons to make written representations in terms of Section 6(4) of the Basic Conditions of Employment Act (BCEA).  This section deals with the Earnings Threshold which is increased every year.  In terms of the BCEA Section 6(3) the Minister of Labour must make a determination excluding “any category of employees earning in excess of an amount stated in that determination”  The current Earnings Threshold is R183 008.00 per annum.  The full definition is explained in greater detail in the Act itself, however, should you need more information on the Earnings Threshold please contact one of our experienced consultants.  

Interested persons are accordingly given the opportunity of making representations to the Employment Conditions Commission.  Such representations should reach the Director, Employment Standards at the Department of Labour, Private Bag X117, Pretoria 0001.  Date of submission closes on 28 June 2013.  

Yours sincerely 



Kusile Consulting Services 



New CCMA Tariff
2013/04/25

Dear Clients

Notice has been issued with regards to the CCMAs new tariff of fees which was published in the Government Gazette R216 of 23 March 2013 which established the new fees effective 01 April 2013.  Subsequent to said notice being published a new Gazette have been issued on the 28th of March 2013 which repealed the previous Gazette R216 of 23 March 2013. 

 

The CCMA may charge a fee in accordance with the tariffs shown below.  All tariffs exclude VAT. 

 

Section

Type of Service

Tariff of Fees

115(3)

Providing advice and training to employers, registered trade unions, registered employers’ organizations, federations of trade unions, federations of employers’ organizations or councils relating to the primary objects of the Labour Relations Act.

R1827 – R2028 for each day or part thereof.

123(1)(B)

Conducting, overseeing or scrutinizing any election or ballot of a registered trade union or registered employers’ organization.

R1827 – R3654 for each day or part thereof. 

140(2)

If a commissioner appointed to resolve a dismissal dispute through Arbitration finds that the dismissal is unfair only because the employer did not follow a fair procedure.

R1827 for each day or part thereof. 

147 (1)

Resolving a dispute about the interpretation or application of a collective agreement if –

(i)              the collective agreement does not provide a procedure for resolving that dispute through Conciliation and Arbitration;

(ii)            the procedure provided in the Collective Agreement is not operative; or

(iii)          a party to a collective agreement has frustrated the resolution of the dispute. 

R1827 – R4868 for each day or part thereof. 

147 (2)

Resolving a dispute between parties to a council if the council’s dispute resolution procedures are not operative.

R1827 – R4868 for each day or part thereof. 

147 (3)

Resolving a dispute between parties who falls within the registered scope of a council if the council’s dispute resolution procedures are not operative.

R1827 – R4868 for each day or part thereof. 

147(5)

Resolving a dispute between parties to a collective agreement that provides for the resolution of that dispute by an accredited agency if the accredited agency’s dispute resolution procedures are not operative;

R1827 – R4868 for each day or part thereof. 

188A

Resolving a dispute by pre-dismissal arbitration. 

R4868 for each day or part thereof. 

 

 




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