THE NATIONAL HUMAN RESOURCES DIRECTORY

HRworks - National Human Resources online Directory in South Africa covering all HR needs in the Human Resources Profession.

Dont slip on the Job Grading tightrope

Details: Category: News Articles

The law does not say that, in every case, all incumbents in all jobs of the same value must receive exactly the same pay. The law recognises that factors such as years of service and scarcity of skills could require differentials in pay levels. However, if such objective factors are not present the employer is in danger of falling foul of the EEA’s provisions.

Also, where an employee is promoted to a job that has a higher grade but is not given a commensurate pay increase, this would constitute an unfair labour practice relating to unfair promotion. That is, in the case of a promotion it is the grade of the new job that dictates the pay scale range that must be applied and not the employee’s work performance.

In addition to demotivating employees, there is a legal danger of failing to pay employees according to the correct grades of their jobs.

A case in point is IMATU vs Overberg District Municipality (Lex Info 15 November 2024, Labour Appeal Court case number CA9/2023). Here several employees, represented by their union, complained that their jobs had been wrongly downgraded.

Progressive companies leading the way in employer branding

Details: Category: News Articles

Fresh from the International EMBRAS Annual Awards,Celeste Sirin, employer branding specialist and CEO of Employer Branding Africa, shares her observations on how top global companies tackle leadership pipelines, employee engagement and ESG-driven impact.

Among 14 other global jury members, I recently had the honour of participating in the International EMBRAS Annual Awards, evaluating an impressive array of local and global employer brands across sectors like FMCG, oil, retail, banking, mining and fintech. These submissions focused on the CIS countries, Europe and Central Asia.

This experience was not only a privilege, but a valuable learning journey. It offered me a window into the depth of commitment and innovation companies are putting into building their employer brands. What struck me most was how they implemented such effective solutions to their challenges and the impact they achieved.

Their stories resonated with me, particularly in how similar they are to those I have witnessed in South Africa, Africa and globally.

Developing future leaders: the talent challenge

The demand for specialised talent to fill leadership roles remains high. Many are struggling to create effective leadership pipelines. This is further complicated by organisational transformations, where gaps in leadership skills delay the development of future leaders.

In certain sectors, high employee turnover, especially in production roles, makes it difficult to retain talent and ensure smooth onboarding. Additionally, gender inequality continues to drive high turnover among female employees, who often face limited career advancement opportunities and support. Many companies are also struggling with low manager engagement, leading to misalignment between leadership goals and broader business objectives.

Solutions for overcoming the talent challenge

Here are just some of the interventions that organisations are implementing to address these challenges:

Labour Law Provides Few Employer Protections

Details: Category: News Articles

South Africa’s labour laws severely restrict employers’ rights. Examples of these restrictions include:

Employees appear to have the right to motivate for permission to bring an external representative (e.g. a lawyer or trade union representative) to disciplinary hearings

Employers may not terminate the employment of employees for reasons related to a takeover of a business as a going concern.

Employers are obliged to renew fixed-term employment contracts if the employees concerned have a reasonable expectation of such renewal.

Where the employer considers an employee to have absconded (left the employment without resigning) it cannot replace the employee without following a set of onerous procedures

Where an employee accuses an employer in court or at the CCMA of having dismissed him unfairly and the existence of the dismissal is established the employer is assumed guilty of unfair dismissal until it proves itself innocent.

Where an employer contemplates terminating the employment of an employee it is required to follow complex and stringent procedures before it can do so. Many employers find these procedural requirements so onerous that they either try to bypass them or are afraid to ever dismiss employees.

In the case of Ntoyake vs Open Arms Home for Children (2007, 10 BALR 946) the accused, the resident manager of the children’s home, was dismissed for appearing in front of the children in an intoxicated state. The CCMA agreed that Ntoyake was in fact guilty of this charge and that dismissal was an appropriate sanction. However, the arbitrator still found the dismissal to be unfair because the employee had not, at the disciplinary hearing, been given the chance to cross examine those who had raised the complaint. That is, the employer’s failure to facilitate the cross-examination phase of the disciplinary procedure caused it to lose the case.

This outcome highlights the crucial need for employers to train their managers on the stringent legal procedures required by law.

The innovative video series WALKING THE LABOUR LAW TIGHTROPE assists employers to provide their managers with very inexpensive training that allows the managers to achieve the necessary knowhow at times suitable to their very busy schedules. Its 48 chapters, averaging 10 minutes in length each, can easily be watched at junctures when the manager has time. This greatly informative yet very engaging and practical video series provides crucial and user-friendly learning through the use of a stimulating, animated case study that runs throughout the 48-chapter series. Each chapter contains clear and important advice needed by workplace management on the basics of labour law over a very wide range of topics.

A further advantage is that the manager can, for a full year, easily go back to any of the 48 videos for purposes of refresher training or in order to access information on how to deal with a current workplace issue. This solves the problem of managers forgetting what they have learned.

This video series helps management to walk the shaky labour law tightrope and to run the workplace productively without falling into the labour law abyss.

To access our groundbreaking video series: WALKING THE NEW LABOUR LAW TIGHTROPE please go to www.labourlawvideos.co.za or contact Ivan on This email address is being protected from spambots. You need JavaScript enabled to view it.

BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.. Go to: www.labourlawadvice.co.za

31 October 2024

Mastering peak season with agile workforce solutions in the FMCG sector

Details: Category: News Articles

The Fast-Moving Consumer Goods (FMCG) space sees the movement of everyday essentials with short shelf lives, which as a result requires a well-functioning supply chain from procurement to retail. As this fast-paced sector prepares for peak shopping periods such as Black Friday and the holiday season, the ability to swiftly scale operations and maintain seamless execution is essential.

During peak seasons, FMCG companies face the dual challenges of increasing customer demand and maintaining operational efficiency, all while safeguarding brand reputation. To succeed during this critical period, partnering with a Temporary Employment Services (TES) provider ensures that businesses secure the right manpower, skills, and operational flexibility to stay ahead.

Flexibility to handle peak demand

FMCG companies often experience fluctuating demand throughout the year, especially during seasonal peaks when extra hands are required. Whether it's Black Friday or the holiday rush, scaling up staff at short notice is crucial. Yet, maintaining a large full-time workforce solely for these high-demand periods is not cost-effective. This is where a TES partner becomes invaluable.

Reimagine year-end incentives with a smart, fresh take on employee rewards and recognition

Details: Category: News Articles

As the year draws to a close, companies across various industries begin to think about how to recognise and reward their employees, particularly top performers. Traditionally, many opt for year-end bonuses or grocery vouchers. However, a more strategic approach is gaining traction. Steve Mallaby, CEO of adumo Payouts, advocates for businesses to consider card-based incentive schemes as an alternate payout solution for year-end rewards.

“Year-end awards and incentives are common practice in many organisations,” notes Mallaby. “These rewards are not necessarily tied to the financial year-end but are a way to recognise employee performance and effort throughout the year.”

While most companies distribute awards and bonuses in December, Mallaby stresses the importance of early planning. “If you are only starting the conversation in mid-November, you have missed the mark,” he cautions.

THE NATIONAL HUMAN RESOURCES DIRECTORY

HRworks - National Human Resources online Directory in South Africa covering all HR needs in the Human Resources Profession.

HR Directory

HR Events

HR Careers

Training Calendar

Free HR Policies

HR Articles & Webinars