LABOUR RELATIONS ACT 1995 – AMENDMENTS OF REGULATIONS – CCMA FORMS
11 FEBRUARY 2019
Click here to view the Labour Relations Act
Click here to view the Labour Relations Act
LABOUR AMENDMENT BILLS AT PARLIAMENT
On Tuesday 27 March 2017 CGCSA presented to the Labour Portfolio Committee on the Labour Amendment Bills. The National Minimum Wage Bill together with The Labour Relations Amendment Bill and the Basic Conditions of Employment Amendments Bill were referred by Cabinet to Parliament in November 2017.
Our submission was focused primarily on the Basic Conditions of Employment Amendment Bill. The strong push was to maintain the Sectorial determinations in particular sectorial determination 9 which affects the retail sector.
The presentation was well received and the Portfolio Committee will consider input of all presentations and present recommendations to the National Assembly and NCOP respectively before the bill can be signed off by the president.
The National Minimum Wage Bill current proposal being that wages be set at R20 per hour and be reviewed annually. It is important to note that the NMW is a floor below which no worker can be paid; and this incudes workers that are covered by sectoral determinations as well as collective bargaining agreements. However, the minimum wages for domestic and farm workers will initially be set at R15 and R18 an hour respectively. This will be adjusted to reach the NMW within two years of implementation. The National Minimum Wage Commission will be established to review the NMW annually taking into consideration the inflation and other labour market and sociol economic conditions.
WEEKLY CRIME ALERTS & REPORT
Be informed about crime statistics and alerts that impact our sector
AMENDED TERMS OF REFERENCE FOR THE GROCERY RETAIL SECTOR MARKET INQUIRY
ECONOMIC DEVELOPMENT DEPARTMENT
No. 41512 GOVERNMENT GAZETTE, 23 MARCH 2018
The Competition Commission (“the Commission”) initiated a market inquiry into the grocery retail sector in South Africa in terms of Chapter 4A of the Competition Act, No. 89 of 1998 (as amended) (“the Act”) because it has reason to believe that there are features of the sector that prevent, distort or restrict competition.
The Commission gave notice in the Government Gazette1 on 30 October 2015 announcing the establishment of the Grocery Retail Sector Market Inquiry (“the Inquiry”) in terms of Section 438(2) of the Act. In terms of the Notice, the Inquiry was expected to be completed by 29 May 2017. On 26 May 2017 the Commission gave notice in the Government Gazette2 that the amended timeline for completion of the Inquiry is 31 March 2018.
1. AMENDMENT OF THE TERMS OF REFERENCE
In terms of section 438(5) of the Act, the Commission may, by way of an amendment to the Terms of Reference, amend the scope of the Inquiry, or the time within which the Inquiry is expected to be completed, by further notice in the Gazette.
Having regard to the comments, submissions and information gathered by the Inquiry to date, the scope of the Inquiry remains unchanged. However, the Commission has decided to amend the completion date to allow for further consultations with key stakeholders and to finalise a report of its investigation. In terms of the amendment, the Inquiry will be completed by 28 September 2018.
Further details regarding key activities during the final phase of the Inquiry will be communicated on the Commission’s website.
UK government tightens model limiting food marketing to children
We have been informed by IFBA that the UK government has recently published a consultation on a proposal to strengthen the nutrient profiling model that is used to determine which food and drink products can be advertised to those under 16 years in the UK. The aim is to bring this in line with the UK’s dietary recommendations. For more information, please see email below.
SA government in the process of drafting regulations to restrict food marketing to children
As you are aware, the South African Department of Health has taken the decision to remove reference to marketing to children restrictions in the draft labelling and advertising regulations, which are due to be published soon (R.429). A separate set of regulations will be drafted for this purpose.
International developments in this area may be of interest to SA government
Whilst it is not clear what the South African regulations will look like at this stage, it is likely that work being done by other governments will be considered and may help inform local regulations.
Companies are urged to uphold responsible marketing commitments in the absence of regulations
In the absence of local regulations, the CGCSA urges its members to uphold local responsible marketing to children commitments. Please click here to view the relevant ASA Code Appendix which outlines these commitments
The Cambridge English Dictionary defines “Victimize” as intentionally treating someone in an unfair manner. As we are all very much aware in South Africa, unfair treatment can target race, sex, belief and any other number of grounds (as well as any arbitrary ground) according to section 6 of the amended Employment Equity Act 55 of 1998. But victimisation may also involve the spreading of malicious rumours, insulting or humiliating an employee, ensuring the employee is overloaded with work, constant exploitation of the employee or using obscene- or vulgar- or insulting language against an employee.
Section 186(e) of the Labour Relations Act 66 of 1995 considers a forced resignation to be a dismissal and, if the employee is able to prove he or she was victimised, the employee will have a solid basis for referring a constructive dismissal claim. In the case of Majatladi v Metropolitan Health Risk Management & Others (2013) 34 ILJ 3061 (LC), Majatladi claimed to have been constructively dismissed. She’d been told that it would not be in her interests to get into conflict with the company as doing so could affect her career, which would be unwise in such a small industry. The Court found that Majatladi had been intimidated on several occasions and that this indeed constituted constructive dismissal. She was awarded 6 months worth of salary as compensation.
As per Liana Meadon of FSB Business, 77.8% of South Africans reportedly experience some form of victimisation during their careers. Victimised employees are often found to have suffered a great deal and on a repeated- or ongoing basis. Victimized employees can find themselves subject to physical, mental and emotional abuse if employers are not vigilant or (worse) do not act to prevent victimization. This is an unenviable position, as claims for constructive dismissal are only the tip of the iceberg: a determined employee could drag a discrimination case into the Labour Court or even sue for damages in Civil Court.
In the case of Young v Coega Development Corporation (PTY) Ltd 2009 (6) SA 118 (ECP), Young was dismissed for “destroying the trust relationship”. The Court found that the dismissal amounted to victimisation because it came on the heels of Young reporting alleged wrongdoing by the CEO. Young was awarded reinstatement.
Employers should educate their employees and implement procedures to prevent workplace victimisation. The importance of complying with anti-discrimination statutes and of developing a work-culture of sensitivity and tolerance needs to be brought home to every employee and manager. Every company should implement an anti-victimisation policy and ensure it is properly explained during orientation. Immediate action should be taken against any employee who is suspected of breaking this policy.
Victimisation, whatever form it takes, should be seen as an unacceptable violation of the employee’s rights. In addition, it is an employee’s right to be treated with dignity and respect. Employers are legally bound to protect their employees from all kinds of harassment and failure to comply with this duty may result in the company being held directly liable under law.
I, MILDRED NELISIWE OLIPHANT, Minister of Labour, hereby in terms of section 32(2) read with section 32(5) and section 32(8) of the Labour Relations Act, 1995, declare that the Collective
Agreement which appears in the Schedule hereto, which was concluded in the Bargaining Council for the Food Retail, Restaurant, Catering and Allied Trades, and is binding in terms of section 31 of the Labour Relations Act, 1995, on the parties which concluded the Agreement, shall be binding on the other employers and employees in that Industry with effect from the second Monday after the date of publication of this notice and for the period ending 30 April 2018.
Read more : National Regulation 47mb