MARIUS SCHEEPERS LABOUR LAW ATTORNEY
LABOURATTORNEY

Marius Scheepers & Company Attorneys. Your preferred Labour Attorney and Employment Lawyer dealing with your contracts, disciplinary hearings and Labour Court and CCMA Arbitration. Dismissals: Please wait a few seconds for the graphic to load below.

Marius Scheepers & Company Attorneys. Your preferred Labour Attorney and Employment Lawyer dealing with your contracts, disciplinary hearings and Labour Court and CCMA Arbitration. Disciplinary hearing procedure (and suspension): Please wait a few seconds for the graphic to load below.

Your preferred SA Labour Attorney and Employment Lawyer dealing with your contracts, fair disciplinary hearings and Labour Court / CCMA / Arbitration disputes. Our Team We are your preferred Employment adviser.  A team of Lawyers and Consultants specializing in Labour law and Employment issues. Regular representation of clients at the Labour Court and CCMA. A thorough understanding of the challenges that your company is facing. 30+ year’s experience in Labour law. Therefore, we can contribute to the success and improvement of your Employment practices (to win more court cases)  We have established associations with other prominent consultants to provide a wider range of services, including Leadership development, Team-building and Organizational restructuring. MORE Services We have the expertise to provide all the building blocks for complete service delivery, including:  Advice on fair dismissals Collective Bargaining Labour Court and Labour Appeal Court judgments Labour Court decisions Labour Law and Commercial Law (Contracts) issues Labour Legislation service and advice Legal Opinions Representation at the Labour Court, CCMA, Bargaining Councils and Arbitration Research and Training on all Employment issues  Labour Law Update You will find our guidelines on how to confidently prepare and present your Labour Case at the CCMA, Bargaining Council or Labour Court under the title: Labour Law Handbook  Codes and Procedures You will find our comprehensive Employment Codes, Procedures and Forms Manual under the title: Codes and Procedures.  Labour Law Aid We support the Labour Law expert with your research requirements, with our regularly and updated service .  MORE Contact Us FOR A FREE BRIEF TELEPHONE CONSULTATION 012 348 3458 (or during ESKOM load shedding: 0825694198 ) Pretoria-East Office: Suite11, 7th Floor Menlyn Central Office Tower 125 Dallas Ave (entrance from Corobay Street, at Barloworld Toyota Menlyn) Menlyn EMAIL mariusscheepers@irodo.com Areas of Practice Employment Law Labour Law  Commercial Law  Litigation  Contract Law  Collective Bargaining  Disciplinary hearings

The most recent selection of labour cases includes the first or last semester of the year. New Court cases for June to December 2025 Note: To gain access to the table, please reduce the size of the fond of the document, by pressing the "-" minus sign next to the magnifying glass at the bottom of the page.

Labour and Employment law advice, representation and training regarding fair dismissals, Labour Court, CCMA and Bargaining Council Arbitration. CHAPTER - 4- AT THE ARBITRATION / LABOUR COURT Items covered in this chapter include :  Introduction Powers of Labour Court Powers of the Commissioner at the arbitration Other powers included in the act Recording of Commission proceedings Reconvening to conciliation Non-appearance at the arbitration Contempt of the Commission Failure to attend at Court or at the Arbitration Default judgments Preliminary points Presumption as to who is employee Consent to orders Burden of proof Start leading evidence Leading evidence last Opening statement Evidence in chief Cross-examination Re-examination Closing down arguments Remedies for unfair dismissal Compensation Length of service The Labour Court Judgement Effect of arbitration awards Cost orders The commissioner CCMA taxing of bill of costs Service and enforcement of orders of Labour Court Variation and rescission of arbitration awards More information on this chapter

Complete handbook on the labour law process to be followed in the South African Labour Court and Commission for Conciliation Mediation and Arbitration LABOUR LAW HANDBOOK (Marius Scheepers) CHAPTER - 1 CHAPTER - 2 CHAPTER - 3 CHAPTER - 4 CHAPTER - 5 No liability Clause:  Marius Scheepers and Company Attorneys and their associates accept no liability for any damages or losses suffered as a result of actions taken based on information contained herein. They are committed to regularly update all information that is subject to change from time to time. Any person may contact them for further information and to arrange for a consultation to deal with a specific issue or send an e-mail to mariusscheepers@irodo.com The information contained herein does not serve as alternative to legal advice that may be provided during a furrow assessment of the case at a proper consultation.  Marius Scheepers (c)  This manual is copyright under the Berne Convention. In terms of the Copyright Act, No. 98 of 1978, no part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without permission in writing from the author. CHAPTER - 6

Labour and Employment law advice, representation and training regarding fair dismissals, Labour Court, CCMA and Bargaining Council Arbitration. Our director, Marius Scheepers has been practicing labour law since 1990 (34+years experience). He had joined a number of law firms in Johannesburg, before he started his own legal practice in Pretoria during 2002.  Marius Scheepers & Co was first established as a Company called IRODO (Industrial Relations and Organizational Development Organisation) during 1997. It has grown to a Law practice and we are able to resolve any labour dispute that you may be involved in.  Marius Scheepers appeared in many cases in both the Labour Court and the Labour Appeal Court.  The most significant case was during 2008 in the matter SITA vs CCMA (Labour Appeal Court) when a full bench of judges, of which Judge Davis was part of, ruled in our favour when new requirements were formulated to determine who should be regarded to be an "employee".

Marius Scheepers & Company Attorneys. Your preferred Labour Attorney and Employment Lawyer dealing with your contracts, disciplinary hearings and Labour Court and CCMA Arbitration. Labour Court: Please wait a few seconds for the graphic to load below.

Labour Law Aid is a service provided to all Labour Law prtactitioners to have easy access to a summary of carefully selected on-line labour law judgements in the Constitutional Court, Labour Appeal Court and the Labour Court (Johannesburg) since July 1997. Tap here to get a preview of the content of our LABOUR LAW AID On IPad: follow these easy steps to first install Mindomo free mindmap reader programme via ITunes store on yoiur Ipad/Iphone (IOS): On PC: Double click on file and select "open".

Basic Conditions of Employment Earnings Threshold 2012 EARNINGS THRESHOLD The Basic Conditions of Employment Act, 1997, provides in section 6(3) for the minister to make a determination that excludes the application of chapter 2 (regarding the regulation of working time, such as ordinary hours of work, overtime, meal intervals, Sunday work, public holidays, night work), or any other provision of it to any category of employees earning in excess of the amount stated in the determination. See hereunder the Notice from the Minister which provides for the remuneration amount which is applicable: How to calculate earnings? Earnings include: -regular annual remuneration before deductions, i.e. income tax , pension, medical aid and similar payments. Earnings exclude: -similar payments (contributions) made by the employer in respect of the employee: Provided that subsistence and transport allowances received, achievement awards and payments for overtime worked shall not be regarded as remuneration for the purpose of the notice by the minister. Recent caselaw on earnings: Mondi Packaging (Pty) Ltd v Department of Labour & Others (J1523/05): Earnings threshold does not include overtime pay. Steenkamp v Sanlam Ltd (C244/14) [2015] ZALCCT 32 : The applicant was de jure employed (in terms of the two contracts she relies on) at a job grade and with a remuneration package above the threshold provided for in section 10 and 17 of the BCEA. The fact that she takes home remuneration below that threshold had come about at her own instance. Remuneration as opposed to earnings: The BCEA also allows for the method of calculating an employee's remuneration for the purpose of annual leave, payment instead of notice and severance pay. It should not be confused for the above provision of a definition of earnings for the purpose to determine the Earnings Threshold in terms of section 6(3) of the BCEA. Section 35(5) of the BCEA provides for a notice which applies from 1 July 2003 (GN 691 IN GG 24889 of 23 May 2003) on how to calculate an employee's remuneration for the purpose of calculating pay for annual leave (section 21), payment instead of notice (section 38), and severance pay (section 41). These items are i ncluded in remuneration: Housing or accommodation allowance or study or housing or accommodation received as a benefit in kind; Car allowance of provision of a car, except in the extent that the car is provided to enable the employee to work; Any cash payments made to an employee, except those listed as exclusions in terms of the schedule; Any other payments received in kind except as excluded in terms if this schedule; Employee's contribution to medical aid, pension, provident fund or similar schemes; Employee's contribution to funeral or death benefit schemes. The following items are excluded from remuneration: Cash payment or payment in kind provided to enable the employee to work (an equipment, tool or similar allowance for the provision of transport or the payment of transport allowance to allow the employee to travel to and from work); Relocation allowance; Gratitudes (tips received from customers and giftes received from the employer); Share incentive schemes; Discretionary payments not related to the employee's hours of work or performance (a discretionary profit-sharing scheme); Education and schooling allowance. Recent caselaw on remuneration: Sibanye Gold Limited v Commission for Conciliation, Mediation and Arbitration and Others (JR1380/19) [2021] ZALCJHB 254; [2021] 11 BLLR 1153 (LC); (2021) 42 ILJ 2467 (LC) (23 August 2021) : acting allowance should have formed part of his remuneration for the purposes of calculating his severance and notice pay. Chimphondah v Housing Investment Partners (Pty) Ltd and Others (JR1195/19) [2021] ZALCJHB 83 (31 May 2021) : contractual claim for performance incentive bonus not remuneration as defined in the BCEA. [12] The core of Mr Chimphondahs submissions is that the definition of remuneration is wide enough to include salaries and all extras or benefits, per the decision of the LAC in Apollo Tyres South Africa (Pty) Ltd v CCMA,[[2013] 5 BLLR 434 (LAC) (Apollo Tyres) at para 25.] [35] Revelas J in Schoeman & Another v Samsung Electronics SA (Pty) Ltd, held, in distinguishing a 'benefit' from 'remuneration', that commission is encapsulated by the notion of remuneration:Commission payable by the employer forms part of the employee's salary. It is a quid pro quo for services rendered, just as much as a salary or a wage. It is therefore part of the basic terms and conditions of employment. (Emphasis added and footnotes omitted). [19] In the present instance, as correctly contended by HiP, it is easily discernible from the clause 6.1.2 of Mr Chimphondahs employment contract and his letter of appointment that the performance incentive bonus is a benefit payable over and above the guaranteed remuneration, which is a quid pro quo for services rendered. It is obviously payable at the discretion of the employer if certain requirements have been fulfilled per the inventive scheme policy and eligibility is not automatic.

Labour and Employment law advice, representation and training regarding fair dismissals, Labour Court, CCMA and Bargaining Council Arbitration. CHAPTER - 2 - THE CONCILIATION MEETING Items covered in this chapter include :  Plan the negotiation Know your own case The merits of the case Quantum Know which issues to prove in your case Identify and understand the relevant law Know your opponent Procedural and substantive fairness Is there a difficult legal question to be considered? The other party's demands The employer's response to the employee's demands Alternative Dispute Resolution Opening the negotiation Bargaining Closure and agreements-suggestions for avoiding deadlocks Settlements Extent of any possible offer for settlement The Settlement agreement Party in breach of the settlement agreement The powers of the Commissioner at the conciliation The functions and objectives of the Commissioner Mediators Strategy Objectives and criteria Timing of entry Strategy and tactics Rights and interest disputes Deadlock at the Conciliation Confidentiality at Conciliation More information on this chapter

Labour law, Employment law advice, representation and training regarding fair dismissals, Labour Court, CCMA and Bargaining Council Arbitration. Academic qualifications:  B Proc (U FS), LLB (U Pretoria), MSocSci (U Pretoria),  Certificate Labour Relations (U Pretoria),  Advanced Certificate Mediation and Arbitration (U Potch CHO), Admitted as an Attorney of the High Court of South Africa since 1990 Marius Scheepers Director: Marius Scheepers & Company Labour Attorneys January 2002 – Present (30 + years) Suite 11, 7th Floor, Menlyn Central Office Tower, 125 Dallas Ave, Menlyn, Pretoria History: Director: Hlatshwayo du Plessis van der Merwe attorneys January 1998 – December 2001 (4 years) Parkview, Johannesburg Labour Law Advisor: Employers Organisation for Local Authorities July 1994 – December 1997 (3 years 6 months) Pretoria Assistant Secretary: South African Association of Municipal Employees September 1990 – June 1994 (3 years 10 months) Pretoria Area, South Africa