Ccma Can Decide Retrenchment Procedure Disputes
Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the...
View ArticleMake Sure Your Evidence Is Relevant
Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to...
View ArticleBribery And Corruption An Employer’s Nightmare
With the current behaviour of political leaders, spiralling prices of goods, job losses and scarcity of new jobs it is not surprising that the use of bribery and corruption for the purposes of...
View ArticleEmployers Still Ignoring Major Legal Changes
During 2014 and 2015 the Department of Labour introduced a spate of new legislation with far reaching significance for employers. These major amendments have increased the already powerful stranglehold...
View ArticleDismissals Unfair If Employment Relationship Still Tolerable
Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could...
View ArticleDouble Jeopardy A Danger For Employers
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, a second disciplinary...
View ArticleEmployers Cannot Hide Behind The Corporate Veil
Many employers try to evade the law by closing down one business and opening another. However, this ploy has become less and less likely to succeed – especially where the employers open the same...
View ArticleArbitration Fees Add Insult To Injury
It is extremely dangerous for any employer to dismiss an employee unfairly. This is because South African labour law strongly protects employees. The forums provided by the Labour Relations Act (LRA)...
View ArticlePoor Performance Does Not Automatically Merit Dismissal
If employees receive their pay they are obliged by law to do their jobs properly. Although the law allows employers, within reason, to decide what the proper standards of performance are, the employer...
View ArticleWithout Proof Your Case Goes Poof!
To have a chance of winning a case at CCMA, a party must present proof to the arbitrator. In the days when I arbitrated CCMA matters, parties argued their cases before me very vehemently, passionately...
View ArticleDept Of Labour Enforces Legislation On Basic Conditions Of Employment
The Basic Conditions of Employment Act (BCEA) entitles most employees to certain minimum rights as regards their terms and conditions of employment. These rights include, amongst others the right to:...
View ArticleBeware Of The Ccma & Courts When Using Retrenchment To Remove Problem Employees
Unlawful retrenchment process according to the Labour Relations Act As a result of South Africa’s highly restrictive labour legislation, employers threaten to close down their businesses. But it is not...
View ArticleUnfair Dismissal And Labour Law: The Thorny Issue Of Determining What Is Unfair
702 PODCAST Listen to Ivan Israelstam explain the application of “unfair” in matters of dismissal or suspension. Of all the confusing legal terms used in labour law the one that keeps most judges,...
View ArticleLabour Brokers The Meat In The Labour Law Sandwich
The Labour Relations Act (LRA) provides that dismissal must be the last resort where the employer needs to remedy an employment-related issue. This principle applies whether the problem relates to poor...
View ArticleTreat Workplace Disruptions With Care
Where employees disrupt the workplace the operations of the business can be seriously affected. Employees who behave in a disruptive manner might do so for a variety of reasons including: Abuse of...
View ArticleBeware Of Using Retrenchments For Clean Outs
The CCMA and Labour Court are wise to employers who misuse retrenchments in order to get rid of employees who they do not want. Due to this and the dire consequences of such misuse, employers should...
View ArticleA Hundred Thousand Reasons To Accept Sex Changes
Section 6(1) of the Employment Equity Act (EEA) prohibits employers from unfairly discriminating, directly or indirectly, against an employee on numerous grounds, including gender and sex. In my view,...
View ArticleUlterior Motives For Retrenchments Not On
While all retrenchments are painful and often devastating for employees, it is normal for employers to retrench employees after serious losses have been incurred as the employer can no longer afford to...
View ArticleInformal Employment Does Not Protect Employers
It is a common and erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed...
View ArticleJames Bond Employers Fall Foul Of Probationary Law
Employers frequently misuse probation agreements to get rid of employees instantly because: The employee has committed misconduct The employer wants to make space for a friend or cousin of the owner...
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