Labour Relations Act - Amendments signed into law as at 17 August 2014

2014-08-18 09:32

The Presidency released a statement on 17 August 2014 that the President has signed the Labour Relations amendments into law on 17 August 2014, but what does  this mean for the average man or woman on the street?

The purpose of these amendments in nutshell is to:

  • Provide protection for vulnerable groups
  • Enhance the effectiveness and efficiency of labour institutions such as the CCMA and Labour Inspectorate to name a few
  • Allow for Labour Legislation to give effect to  fundamental constitutional rights
Some of these Amendments can be summarised as follows: The Enforcement of Arbitration Awards

Previously the process can be summarised as follows, that an application to certify the arbitration award is made( with proof that a copy of the Arbitration Award was forwarded to the other party). Once the Award is certified or made an order of the Labour Court and the other party still fails to comply with the award/order, the Applicant can request for the Registrar of the Labour Court to issue a Writ of Execution.

Once the Writ is issued, the Applicant may request of the Sheriff to attach property belonging to the other party and if necessary to sell in execution at the cost of the Applicant. Generally Applicants in this instance of Enforcing Awards are Employees and instead of having to have a Writ issued by the Labour Court before it can be enforced by the Sheriff, the forthcoming amendment would permit for an Award to be presented directly to the Deputy Sheriff for execution if payment is not made. The great advantage of this is this will allow for a shortened process for the employees when enforcing an Award, this would allow the Employee ( who are often times in a vulnerable position) to be able to be enforce an Award in their favour much quicker. Review Proceedings

Currently, the process of Review Applications requires for the Applicant to apply to the Labour Court for an order to set aside an Arbitration Award if a defect on part of the Arbitrating Commissioner is alleged. The Applicant must make this application within 6 weeks of the date the Arbitration Ruling was served on them. The review application papers must be served on all the interested individuals, e.g. other party, Commissioner who issued the Award, CCMA in the Province where the Award was issued.

There are currently no time limits within which a review must be heard and judgement delivered. Currently a review application does not suspend the operation of an Arbitration Award. This generally means that Employers have to bring an Application to stay(suspend) the execution of an Arbitration Award pending an application for review of the Award.

What the imminent amendment in this area proposes to  is that, it will allow for the Employer to provide the security, if this is done then the Award will be suspended. Where the Award/Order calls for re-instatement security equivalent to 24 months'  salary must be provided; if the award was for compensation, the amount awarded must be provided as security.

The Applicant must apply for hearing within 6 weeks  of bringing the Application and the Court must issue its judgement within 6 weeks of the last date of hearing.

These are but illustrations of the amendments which will be enforced in the interests of upholding constitutional rights.

It is thus advisable for Employers and Employees alike to familiarise themselves with these amendments in order to ensure that they will be able to advance their Employment rights should the need arise.

How these amendments will be enforced and whether  these amendments when enforced will be effective in advancing constitutional rights as initially envisaged by the Legislator  will only really be determined by time.

Follow @mamaroala

News24 Voices Terms & Conditions.

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

AB praises selfless skipper

2010-11-21 18:15

Inside News24

 
/News
 

And the Paws24 and Hill's winners are ...

Find out who the winners of our Paws24 pet pics and Q&a competitions are...

 

Paws

Keep your family and pets safe from rabies
5 scientific benefits of owning a cat
Why we love cats
8 great natural remedies for your pet
Traffic Alerts
Traffic
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.