What does “Ignorantia juris non excusat” mean?
Ignorance of the law is no excuse (Coetzee v Steenkamp)
What are the two aspects which govern the employment relationship?
- Framework of Law
2. Trust Relationship
What does the framework of law include?
(a) Common law:
(b) Constitution of South Africa
(c) Labour Relations Act [LRA].
(d) Basic Conditions of Employment Act (BCEA).
(e) Main Agreement for the Metal and Engineering Industries Bargaining
Council (MEIBC).
What does common law include?
1) Origin of contract law (refer to Contract law on p50)
2) Roman/Dutch Law
3) Basic understanding of the working of a contract
What describes the bargaining councils?
Labour Relations Act, Sec 27.
Describe the establishment of a bargaining council:
- One or more registered trade unions and one or more registered employers’
organisations may establish a bargaining council for a sector and area by-
(a) Adopting a constitution that meets the requirements of section 30; and
(b) Obtaining registration of the bargaining council in terms of section 29. - The State may be a party to any bargaining council established in terms of this
section if it is an employer in the sector and area in respect of which the
bargaining council is established. - If the State is a party to a bargaining council in terms of subsection (2), any
reference to a registered employers’ organisation includes a reference to the
State as a party. - A bargaining council may be established for more than one sector.
What should you understand about your rights?
- The employment arena is an unfair one.
- Laws created to try to equalise arena.
- Core value of the Constitution – Security of employment.
- The only way to be fair is to understand the rights of employees and employers.
- Example – sec 10 BCEA (current threshold R193 805/a or R16 150/m).
(a) Can be negotiated contractually, always better than minimum (BCEA)
nothing less;
(b) Be aware if employee is increased in salary over threshold but still retains
rights contractually.
What was the unemployment rate in South Africa in January 2014?
24.1%
What was the unemployment rate in Australia in April 2014?
5.8%
How can an employee look for employment security?
compromise on salary or benefits
Are majority of employees aware of their basic employment rights?
NO!!
What does the lack of knowledge of basic employment rights result in?
It leaves an opening for the union/employer
What are the duties of employees?
Employees must:
- Enter and remain in service;
- Maintain reasonable efficiency;
- Further the employer’s business interests;
- Be Respectful and Obedient &
- Refrain from Misconduct generally.
Describe the employer
- The bottom line for a Company
- Employee is an asset.
- Employee balance sheet.
- Is the employee an expense or an income to the business of the employer?
- Employer will always make business decisions.
- The employment relationship is built on a fragile trust.
What are the duties of the employer?
Employers must:
- Receive the employee into service;
- Remunerate the employee;
- Ensure safe working conditions;
- Perform General Contractual duties; &
- Execute statutory duties
What are the methods of the termination of an employment relationship?
- Resignation by Employee
- Constructive Dismissal is a Dismissal by Employer
- Contractual reasons
- On expiration or completion of a specified task
- Fixed Term Contract
- Dismissal by Employer
- Misconduct
- Incapacity (Medical or Poor Work Performance)
- Retrenchment
What are the disputes of the termination of an employment agreement?
- Arena of truth or is it?
- Settlement versus Arbitration.
- Substance and Procedure.
- Reasonable
- Humanity
- Maximum risk for employer?
- Maximum risk for employee?
What are the amendments to labour laws?
- The Labour Relations Act
- The Basic Conditions of Employment Act
- Both Amendment Bills have been adopted by the National Assembly but not
yet signed into power by the President
