HR Workshop - Cape Town - 5 February 2019

  1. The impact of the Constitutional Court Judgment on the usage of TES/Labour broker employees:

In its recent decision in Assign Services v NUMSA& others, the Constitutional Court held that, for the purposes of the LRA, the client of a TES is deemed to be the sole employer of employees placed with it who are not performing a temporary service. This decision has been hotly debated and may have far reaching consequences in the labour market.

  1. Understanding the concept of permitted deductions:

Section 34 of the BCEA governs the circumstances in which employers may make deductions to employees’ remuneration. Companies need clarity on the types of deductions which are permitted and those which are not and the manner in which such deductions must be made.

  1. Private misconduct in the context of social media:

In certain circumstances, employers will have jurisdiction to discipline employees for their activity on social media. This is in spite of the legal point of departure being that employers have no jurisdiction to address misconduct which arises outside the workplace and outside of working hours in an employee’s private capacity. We will work through the factors to be considered in determining whether an employer may address misconduct on social media.  

4.  The legalisation of Cannabis and implications for the workplace;

5.  The new National Minimum Wage Act;

6.  Parental Leave as per the Labour Laws Amendment Bill