Johann Scheepers
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UBER Drivers: Employee or independent contractor? ‘Twists and turns to determine employment relationship’

Started Oct 4 0 Replies

“The world of work has changed considerably over the last few decades and it continues to change with formal full-time employment on the decrease. Part-time employment, outsourcing and casualization…Continue

Tags: RELATIONSHIP, EMPLOYMENT, V, CONTRACTOR, INDEPENDANT

UBER Drivers: Employee or independent contractor? ‘Twists and turns to determine employment relationship’

Started Oct 4 0 Replies

“The world of work has changed considerably over the last few decades and it continues to change with formal full-time employment on the decrease. Part-time employment, outsourcing and casualization…Continue

Tags: RELATIONSHIP, EMPLOYMENT, V, CONTRACTOR, INDEPENDANT

 

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Johann Scheepers posted a blog post

DISCRIMINATION: DISABILITY – PSYCHIATRIC ILLNESS OR PSYCHOLOGICAL DISABILITY OR IMPAIRMENT – EMPLOYMENT EQUITY ACT, ACT 55 OF 1998 (AS AMENDED)

“The appellant, however, sought to justify its decision to require the respondent to submit to psychiatric testing on the basis that she had consented to it in her contract of employment; that it had concerns about her behaviour; and that the work performed by her was inherently stressful and demanded that she be “of sound body…See More
Dec 7
Johann Scheepers posted a blog post

THE LAW OF EVIDENCE IN ARBITRATION PROCEEDINGS - ‘VALUATION’, ‘ANALYSIS’, ‘ASSESSMENT’, ‘PROBABILITIES’, ‘INFERENCES’, ‘CIRCUMSTANTIAL EVIDENCE’, ‘CUMULATIVE EFFECT’, THE RULES OF LOGIC…

“There is no art To find the mind’s construction in the face He was a good gentleman on whom I built An absolute trust”- Macbeth l.iv.13.On Circumstantial Evidence – Cumulative effect:“[E]ven two articles of circumstantial evidence, though each taken by itself but as a feather, join together, you will find them pressing on a delinquent with the weight of a mill-stone ….”.‘In S v Reddy & others 1996 2 SACR 1 (A) 8i Zulman AJA quoted, ‘Best on Evidence’ 10 ed. para 297.’INTRODUCTORY…See More
Oct 21
Johann Scheepers shared ADRhub.com - Creighton NCR's discussion on Facebook
Sep 6
Johann Scheepers liked ADRhub.com - Creighton NCR's discussion Conflict Intervention in a Divided Nation
Aug 17
Johann Scheepers posted videos
Aug 17
Johann Scheepers posted a blog post

LEGAL COSTS: LITIGATION IN LABOUR DISPUTES – ‘SOME SOBERING THOUGHTS' - CONFLICT RESOLUTION CONTINUUM

"The first thing we do, let's kill all the lawyers" – Henry the Sixth, Part 2 Act 4, scene 2, 71–78 William Shakespeare.At the outset, the…See More
Aug 13
Johann Scheepers posted photos
Oct 31, 2016
Johann Scheepers updated their profile
Oct 31, 2016
Johann Scheepers shared Bryan Hanson's discussion on Facebook
Apr 2, 2016
Johann Scheepers liked Bryan Hanson's discussion Webinar Login Information
Apr 2, 2016
Johann Scheepers posted a blog post

PREGNANCY – DUTY TO PROVIDE ‘REASONABLE ACCOMMODATION’ RECENT DEVELOPMENTS IN SA

'The use of the comparative method requires knowledge not only of the foreign law, but also of its social, and above all its political context. The use of comparative law for practical purposes becomes an abuse only if it is informed by a legislative spirit which ignores the context of the…See More
Sep 25, 2015
Johann Scheepers posted a photo
Sep 25, 2015
Johann Scheepers posted a blog post

STRIKE VIOLENCE IN SA – “JUDICIAL SCRUTINY OF DUTY OF UNIONS TO CURB UNLAWFUL CONDUCT?”

INTRODUCTORY COMMENTSIn terms of the Section 23(2) of the Constitution of the Republic of South Africa, 1996 –“(2) Every worker has the right to - …strike”.In an authoritative publication by Professor John Grogan “Collective Labour Law”, Juta (2010), at 12 to 13, the learned author observes that the extent to which labor…See More
Jan 3, 2015
Johann Scheepers posted a blog post

IMPORTANT ISSUES AND QUESTIONS? The SA Employment Equity Amendment Act, 47 of 2013 [EEA] and the Employment Equity Regulations, 2014 [EER] came into effect on 01 August 2014, ‘with barely a ripple i…

IMPORTANT ISSUES AND QUESTIONS?The SA Employment Equity Amendment Act, 47 of 2013 [EEA] and the Employment Equity Regulations, 2014 [EER] came into effect on 01 August 2014, ‘with barely a ripple in the human resources community…surprising, since this was the date on which still harsher human resources legislation came into effect in the form of amendments to the Employment Equity Act. [Tony Pace, ‘Amendments to the Act make Job Grading Vital – Remuneration Nightmare Begins’ (2014)…See More
Sep 14, 2014
Johann Scheepers posted a blog post

IN PURSUIT OF 'EQUAL PAY FOR WORK OF EQUAL VALUE'

The  South African Employment Equity Amendment Act, Act No 47 of 2013 (the EEAA) came into operation by means of promulgation with effect from 01 August 2014.The EEAA as well as other amendments to SA Labor Legislation, to wit the Labor Relations Act, 66 of 1995 (the LRA) and the Basic Conditions of Employment Act, 75 of 1997 (the BCEA) formed the subject matter of extensive consultations held over a period of almost four years at NEDLAC whereupon 'consensus' was reached as to most of the…See More
Aug 20, 2014
Johann Scheepers posted a photo
Jul 16, 2014

Profile Information

What is your profession and title?
Commissioner [Labour Arbitrator & Mediator] of The Commission for Conciliation, Mediation & Arbitration
What is your ADR experience? (trainings and education)
Over 30 years of specialised experience in industrial relations and the practice of labour law, collective bargaining, training, conflict resolution, labour arbitration, conciliation, mediation. Proficient in chairing complex disciplinary inquiries, legal advice, presenting seminars and writing professional papers on various employment law topics.

Excess of 20 years as a practising private Labour Arbitrator, Mediator & ADR-Specialist - South Africa.

Serves as an accredited Commissioner at the Commission for Conciliation, Mediation and Arbitration (“CCMA”) - South Africa.

Serves as Panellist of the Law Society of South Africa / Legal Education and Development - [LEAD] Labour Unit.

Serves as Panellist - Arbitrator and Mediator of the Education Labour Relations Council ("ELRC').

Served as a Mediator, Arbitrator, Facilitator, and Trainer - (now defunct) Independent Mediation Service of South Africa (“IMSSA”).

Expertise in Labour Arbitration, Mediation and Conflict Resolution.

Member of the South African Society for Labour Law (SASLAW).

Member ADRCommunity - American Arbitration Association (“AAA”).

Member ADRhub Werner Institute, Creighton University - School of Law, USA.


• Member of the South African Society for Labour Law (“SASLAW”) and former member of the American Arbitration Association (“AAA”).

• Registered in South Africa as a Labour Relations Specialist.

CCMA COMMISSIONER, EDUCATION, TRAINING & DEVELOPMENT PROGRAMME - March 2011

March 2011 – Present [Perpetual Training, Education & Development of CCMA Arbitrators, Mediators, Conciliators]

University of Pretoria
Bachelor of Arts (B.A.), Industrial Psychology & Industrial Relations Management

1980 – 1984

UNISA - SCHOOL OF BUSINESS LEADERSHIP (SBL)

Diploma Industrial Relations, Labour Law, Labour Relations, Labour Economics, Collective Bargaining, Conflict Management

1987 – 1988


UNISA - Tax and Business Law Centre

Diploma, Advanced Labour Law
1988 – 1988


UNISA - Tax and Business Law Centre

Advanced Labour Law, Diploma
1998 – 1999

University of South Africa

Bachelors of Law, Labour Law
2009 – 2018 (expected)
What, if any, ADR organizations or groups do you belong to?
ALTERNATIVE DISPUTE RESOLUTION CLINIC (ADR - CLINIC OF SPECIALISTS)

SOUTH AFRICAN SOCIETY FOR LABOUR LAW (SASLAW) - Affiliated to the International Society for Labour Law

ABA Section of Labour and Employment Law; ADR Conflict & Mediation Exchange; ADR Professionals; ADR Resources; Arbitration Experts; ADR World; Association for International Arbitrators; CEDR; Employment/Labour Mediators & Arbitrators; Employment Law Forum & Networking Group; On-Line Dispute Resolution; Power through Collaboration; Labour Law South Africa; SA Labour Guide
What are you hoping to get from ADRhub.com
I belief the organization is internationally one of the leading professional institutions which, amongst others, provide training and education services; as well as research in the highly specialised field of ADR. I am of the considered opinion that I could derive much benefit from the wealth of knowledge and expertise vested in the organisation and its members.
Do you/your company have a website?
http://za.linkedin.com/in/johannscheepers777/
What other ADR related sites do you visit?
Arbitration Experts; ADR World; Association for International Arbitrators; CEDR; Employment/Labour Mediators & Arbitrators; Employment Law Forum & Networking Group; On Line Dispute Resolution; Power through Collaboration; Labour Law South Africa; SA Labour Guide

[See sites listed above as well as on LinkedIn Profile]
What else do you want to tell the ADRhub.com community (what you are up to, what you would like to do in ADR, etc.)
I have been practicing as a labour Arbitrator & Conciliator/Mediator on a full time basis since 1994. I have more than 27 years experience in the practice of labour law and industrial relations management. Crises mediation/conflict resolution is a field of interest and I certainly would derive much benefit to attend training and education on the subject matter.
Are you on Twitter? If provide a link to your Twitter page.
http://@JohannScheeper7

JOHANN SCHEEPERS INDUSTRIAL RELATIONS ADVISORS

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Johann Scheepers's Blog

DISCRIMINATION: DISABILITY – PSYCHIATRIC ILLNESS OR PSYCHOLOGICAL DISABILITY OR IMPAIRMENT – EMPLOYMENT EQUITY ACT, ACT 55 OF 1998 (AS AMENDED)

Posted on December 7, 2017 at 8:04pm 0 Comments

“The appellant, however, sought to justify its decision to require the respondent to submit to psychiatric testing on the basis that she had consented to it in her contract of employment; that it had concerns about her behaviour; and that the work performed by her was inherently stressful and…

Continue

THE LAW OF EVIDENCE IN ARBITRATION PROCEEDINGS - ‘VALUATION’, ‘ANALYSIS’, ‘ASSESSMENT’, ‘PROBABILITIES’, ‘INFERENCES’, ‘CIRCUMSTANTIAL EVIDENCE’, ‘CUMULATIVE EFFECT’, THE RULES OF LOGIC…

Posted on October 21, 2017 at 8:02pm 0 Comments

“There is no art

To find the mind’s construction in the face

He was a good gentleman on whom I built An absolute trust”

- Macbeth l.iv.13.

On Circumstantial Evidence – Cumulative effect:

“[E]ven two articles of circumstantial evidence, though each taken by itself but as a feather, join together, you will find them pressing on a delinquent with the weight of a mill-stone ….”.

‘In S v Reddy & others 1996 2 SACR 1 (A) 8i Zulman AJA quoted, ‘Best on…

Continue

LEGAL COSTS: LITIGATION IN LABOUR DISPUTES – ‘SOME SOBERING THOUGHTS' - CONFLICT RESOLUTION CONTINUUM

Posted on August 13, 2017 at 1:18am 0 Comments



"The first thing we do, let's kill all the lawyers" – Henry the Sixth, Part 2 Act 4, scene…

Continue

PREGNANCY – DUTY TO PROVIDE ‘REASONABLE ACCOMMODATION’ RECENT DEVELOPMENTS IN SA

Posted on September 25, 2015 at 7:48pm 0 Comments

'The use of the comparative method requires knowledge not only of the foreign law, but also of its social, and above all its political context. The use of comparative law for practical purposes becomes an abuse only if it is informed by a legislative…

Continue

Comment Wall (1 comment)

At 12:37am on December 23, 2013, John C. Turley said…

Great!  I am glad that you joined our group.  Welcome!

JCT

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