While the summary attempts to simplify the language and. What constitutes a benefit by virtue of section 1862 of. Johan botes, director, and mark meyerowitz, associate, cliffe dekker hofmeyr the labour relations amendment bill seeks to effect various several changes to the current labour relations act 66 of 1995 the lra. The changes to section 198 of the labour relations act 66 of 1995 lra is considered as one of the most significant, as this will deal with the issues regarding temporary employment service or labour brokers as they are more commonly known. For information about any additional changes to the 2015 tax law or any other devel. Labour relations amendment bill ms seftel dealt with the outstanding issues of the labour relations act and in particular, the departments response to submissions made at the public hearing. Number 16 of 2015 workplace relations act 2015 revised. Guidelines issued in terms of section 958 of the labour. If esc panel act in terms of 2, the determination of. This enactment amends the canada labour code, the parliamentary employment and staff relations act and the public service labour relations act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before june 16, 2015.
Although churches are not required by law to file an application. Part a registrar of labour relations the act makes provision for the appointment of a registrar of labour relations. The labour amendment act number 5 of 2015, not a reprieve. The party who alleges such a defect must apply to the labour court to set aside the award within six weeks of the award being served. The labour relations amendment act 6 of 2014 act was assented to by the president and published in the government gazette no. In other words, what facts do you rely on in support of your claim that the bargaining agent acted in a manner that was arbitrary, discriminatory or in bad faith in representing you.
Labour relations act 66 of 1995 relevant extracts assented to 29 november, 1995 english text signed by the president date of commencement. Cosatu was of the opinion that the 12 month cap period should be removed. Act to change the law governing labour relations and, for that purpose to give effect to section 23 of the constitution. In article archive by jan truter 26 february 2015 56 comments. To change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. National labor relations act international labour organization.
They must also provide the registrar of labour relations with financial reports, lists of members, changes of addresses, information on the election of its office bearers etc. He has a bproc llb and a higher diploma in tax law from the university of the witwatersrand and a diploma in alternative dispute resolution from the university of pretoria. Check the date of this guide and ensure that there have been no changes since its publication. Parliamentary employment and staff relations act, the public service labour relations act and the income tax act which, if enacted, would reverse the changes made by bill c525 and restore the cardcheck certification system. Social security and medicare taxes federal insurance contributions act fica. What constitutes a benefit by virtue of section 1862 of the.
Employment law update an exemployee refers an unfair. In terms of section 145 of the lra, a party may apply to the labour court on the basis of an alleged defect with a commissioners rulings or awards. Changes to the act in 1990 and subsequent years continued the evolution of occupational health and safety legislation since its original enactment. One of the fundamental reasons for enacting the act was to establish an effective dispute resolution system. Pdf the reinstatement and compensation conundrum in. Labour relations act, basic conditions of employment act. General legislation labour relations act 66 of 1995 relevant extracts assented to 29 november, 1995 english text signed by the president date of commencement.
No modification to a longterm disability program that is made by the treasury board in the exercise of its powers under section 7. Labour declaration of essential services notice, 2003 78 79 4. In november 2015, the government of saskatchewan enacted the saskatchewan employment essential. Employment act, labour relations act, employment equity act and skills development act. Arb electrical wholesalers pty ltd v hibbert da3 2015 zalac 34 issue. Employment regulation act, 2015 and shall come into operation on such date as the minister may, by notice in the gazette, appoint. On 1 january 2015 the labour relations amendment act no. What constitutes a benefit by virtue of section 1862 of the labour relations act 66 of 1995 apollo tyres south africa pty ltd v ccma 20 5 bllr 434 lac. Labour relations act as amended by labour relations amendment act, no 42 of 1996 proclamation, no 66 of 1996 labour relations amendment act, no 127 of 1998 labour relations amendment act, no 12 of 2002 act to change the law governing labour relations and, for that purpose to give effect to section 27 of the constitution. Labour relations court act, 2011 establishes the employment and labour relations court elrc elrc is given exclusive original and appellate jurisdiction to hear and determine all disputes in accordance with article 1622. If there is a conflict between the act and this guide, the labour relations act and its. About this booklet this booklet is a summary of the new section 198 of the labour relations act lra of 2014. Section 198 introduces important new rights for labour broker, contract and parttime workers.
The impact of labour relations amendment act 6 of 2014. Summary and explanation of the labour law amendments. Workplace relations act 2015 fixed payment notice regulations 2015 s. Your guide to labour law in south africa labour guide. An evaluation of section 681b of the labour relations act. Describe all of the facts that you are relying on in making this complaint. The local registrar of the superior court of justice. Among other things, this amendment act protects three categories of nonstandard employees.
Labour relations amendment act parliament of south africa. The term labour relations, also known as industrial relations, refers to the system in which employers, workers and their representatives and, directly or indirectly, the government interact to set the ground rules for the governance of work relationships. Thisact may be cited as the employment amendment act, 2015andshall bereadasone withtheemploymentact, inthisact referred to as the principal act. Ontario labour relations board 2015 2016 annual report 7 the boards principal statutes labour relations act, 1995 the ontario labour relations board was established by section 2 of the labour relations act, 1948 and is continued by subsection 1101 of the current labour relations act, 1995. This act may be cited as the labour amendment act, 2015. The reinstatement and compensation conundrum in south african labour law. A condonation application needs to be completed where the timeframes for submissions are not met. Amendments to the labour relations act or other legislation and subsequent board decisions may affect the rights and obligations discussed in this publication.
Unfair labour practice means any unfair act or omission that arises between an employer and employee involving a unfair conduct by the employer relating to the promotion, demotion, probation excluding disputes about dismissals for a reason relating to. That is, section 188 of the lra states that a dismissal is unfair if the employer fails. This act may be cited as the industrial and labour relations amendment act, 1997, and shall be read as one with the industrial and labour relations act, in this act referred to as the principal act short title cap. It is important to note that this paper is only limited to the purpose of labour law and the application of the lra as far as nonstandard workers particularly temporary employment services are concerned. Number 27 of 2015 industrial relations amendment act 2015 an act to make further and better provision for promoting harmonious relations between workers and employers and, in particular, to make provision for a system of registered employment agreements and sectoral employment orders. Labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002 intelligence services act 65 of 2002 electronic communications security pty ltd act 68 of 2002 general intelligence laws amendment act 52 of 2003 prevention and combating of corrupt activities act 12 of 2004 act to change the law governing labour relations. Oct 02, 2017 this morning, it was reported in the media that productivitysa has called for section 189 of the labour relations act lra to be amended. The labour relations amendment act will take effect on 1 january 2015 share page on 1 january 2015 the labour relations amendment act no. The summary is a popular version of the new rights and is aimed at everyone involved in defending or organising such workers. Labour relations amendment act 6 of 2014 south african.
I went to my union the department of labour community advice centre legal advice centre. This section which sets out the guidelines for retrenchment procedures currently limits the parties who must be consulted to. In a ruling handed down by the commission for conciliation, mediation and arbitration ccma on 29 june 2015 in the matter between assign service pty ltd v krost services and racking pty ltd and another ecel165215 the commissioner ruled on the interpretation of the deeming provision contained in s198a3b of the labour relations act 66 of 1995 lra. Cliffe dekker hofmeyr ccma ruling on the interpretation of. Section 1941 this section deals with the removal of the cap on compensation. These changes have strengthenethe requirements for d occupational health and safety in ontarioworkplaces and have reinforced the internal responsibility system irs and the. Section 681b affords compensation to any party who suffered damages as a result of any conduct which contributed to any. The labour court workplace relations act 2015 labour court employment rights enactments rules 2016 these rules are made pursuant to section 20 of the industrial relations act 1946 as amended by section 50 of the workplace relations act 2015. Cliffe dekker hofmeyr the labour relations amendment act. There have been divergent views as to whether a former employee can refer a dispute, other than an unfair dismissal dispute, against their erstwhile employer. Ensuring compliance with the labour relations amendment act, 2014 view larger image the latest amendments to the labour relations act the lra in particular section 198b, clarifies the legal position regarding fixed term contracts of employment.
Labour relations act, 1995 act no 66 of 1995 guidelines issued in terms of section 958 i, membathisi mphumzi shepherd mdladlana, minister of labour, hereby, under section 958 of the labour relations act, 1995 act no. The labour relations act gives timeframes for the submission of referrals, applications and other documents. Interpreting the 2015 amendments to the labour relations act. Labour relations act, 1995 filing in court determination of board in the matter of a determination of the ontario labour relations board under section 96 of the labour relations act, 1995 between. Summary of the labour relations amendment act 6 of 2014 elrc. Extension to non parties of the main collectiveagreement i, mildred nelisiwe oliphant, minister of labour, hereby in terms of section 322 read with section 325 and section 328 of the labour relations act, 1995, declare that the collective. Labour relations employment codes of conduct regulations.
It also describes a field of study dedicated to examining such relationships. Cliffe dekker hofmeyr ccma ruling on the interpretation. The most common type of condonation application is for the late submission of the referral form. On 18 august 2014, the president of the republic of south africa assented to the labour relations amendment act 6 of 2014 amendment act. Amended labour relations act pdf, document, labour law. It includes all amendments made to the act up to the 1st february, 2006, i. The labour relations act4 lra was the first instrument of its kind to address this key issue. In terms of section 1433 of the labour relations act 1995, i hereby certify that the award is a final and binding arbitration award by an arbitrator conducting an arbitration under the auspices of a bargaining council as contemplated by section 1431 read with section 518.
Labour act, 2003 ministry of employment and labour relations. Act 651 7 the six hundred and fiftyfirst act of the parliament of the republic of ghana entitled labour act, 2003 an act to amend and consolidate the laws relating to labour, employers, trade unions and industrial relations. Labour relations employment agencies regulations, 1985 87 91 6. The lraa signals a move by government to streamline the countrys labour environment and will require that south african businesses adjust the way they have traditionally.
Labour laws in south africa, including the basic conditions of employment act, labour relations act, national minimum wage act, employment equity act, unemployment insurance act, occupational health and safety legislation with regulations. The labour court employment rights enactments rules 2015 are hereby revoked. Number 16 of 2015 workplace relations act 2015 an act to make provision as respects the resolution, mediation and adjudication of disputes and complaints relating to contraventions of, or entitlements under, certain enactments governing the employment relationship between. The date on which the amendments will come into operation is still to be determined but it is expected to be before the end of the year.
The amendment act came into effect on 1 january 2015 and introduces significant changes to the labour relations act 66 of 1995 lra. Summary and explanation of the labour law amendments this summary and explanation represents the position after the basic conditions of employment amendment act act 20 of 20 bcea, the labour relations amendment act act 6 of 2014 and the employment equity amendment act act 47 of 20 eea were signed into law by the president. Editors pick section 188 of the labour relations act, no 66 of 1995 permits an employer to dismiss an employee for reasons related to the employees misconduct. Enacted by the parliament and the president of zimbabwe. One of the most important changes to the labour relations act the act, which came into effect on 1 january 2015, is the added protection afforded to.
A labour inspector may seek a compliance order against the tes and client or either of them 32. Whereas it is in the public interest of the province of manitoba to further harmonious relations between employers and employees by encouraging the practice and procedure of collective bargaining between employers and unions as the freely designated representatives of employees. Labour amendment act, 2015 zimbabwe legal information. Workplace relations act 2015 labour court employment. Labour relations act malawi investment and trade centre. We specialise in public training, inhouse training, and weekly webinars covering all labour law requirements such as disciplinary hearings, employment equity, collective labour relations, the labour relations and basic conditions of employment acts.
Sandile also has experience in the restructuring of state assets. Labor relations act, fair labor standards act, equal pay. Section 189 what is section 189 of the labour relations act. Whether an employee can claim compensation under both the labour relations act 66 of 1995 lra and the employment equity act 55 of 1998 eea in respect of an act by an employer which breached both acts. Department of the treasury internal revenue service irs. Title amended labour relations act pdf description the labour relations act by the department of labour no. The labour relations act gives timeframes for the submission of referrals, applications and other. It is hereby notified that the president has assented to the following act which is hereby published for general information. Bill c4, an act to amend the canada labour code, the parliamentary employment and staff relations act, the public service labour relations act and the income tax act, was introduced in the house of commons on 28 january 2016 by the honourable maryann mihychuk, mi nister of employment, workforce development and labour. In the apollo case the court once again had to determine the content of benefits in terms of section 1862a of the labour relations act 66 of 1995 hereafter the lra.
Labour relations domestic workers employment regulations, 1992 80 86 5. Labour relations commission dissolution day order 2015. Labour relations, employment conditions and participation in the health sector dr pedro brito coordinator, human resources development program, pahowho, washington dc. Section 1862 of the labour relations act 66 of 1995 lra, defines an unfair labour practice as any unfair act or omission that arises between an employer and an employee. The labour relations amendment act will take effect on 1. Labour smart provides a one stop service for south african labour and employment law practitioners. How did the bargaining agent allegedly violate section 20 of the labour relations act. Purpose the purpose of the amendment act 2014 is to amend the labour relations act, 1995, so as to. Section 32 of the principal act is hereby amended a by the insertion in subsection 3 of the following paragraph after paragraph d. Ccma labour law amendments resource guide for users march 2016 page 3 table of contents labour relations act 5. Introduction retrenchment is the process by which staff is reduced to cull redundant employees and reduce the wage bill.