Previous contributions to this publication have dealt with the
pending amendments to the primary employment legislation in South
Africa. There is still no clarity regarding the date of
implementation of such amendments, although it appears increasingly
likely that the amendments will only take effect in the course of
Notably, initial proposals aimed at excluding senior employees
from the majority of unfair dismissal protections as well as the
introduction of a balloting requirement prior to strike action,
have been abandoned in the Parliamentary process.
The remaining components of the pending amendments however still
encompass material changes to South African employment law. There
is a clear move away from the majoritarian approach to trade union
recognition (which is currently the preferred status), by allowing
for enforced recognition of trade unions with less employee support
than required under existing legislation, even in the face of
opposition from the majority union. The proposed mechanisms to
ensure increased protection to employees in non-standard types of
employment (e.g. fixed term or temporary employment services) have
further been retained and indeed in some respects tightened
This publication is intended as a general overview and
discussion of the subjects dealt with. It is not intended to be,
and should not used as, a substitute for taking legal advice in any
specific situation. DLA Piper Australia will accept no
responsibility for any actions taken or not taken on the basis of
DLA Piper Australia is part of DLA Piper, a global law firm,
operating through various separate and distinct legal entities. For
further information, please refer to www.dlapiper.com
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Australian employees receive certain entitlements (such as annual leave and superannuation) where contractors do not.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).