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19
Oct

0

CCMA GUIDELINES ON MISCONDUCT CRUCIAL

Early last year I informed readers of the CCMA’s decision to draft a set of guidelines on Misconduct Arbitrations in terms of the provisions of the Labour Relations Act (LRA). These guidelines were implemented in January 2012. The stated purpose of these guidelines is to “…promote consistent decision making in arbitrations dealing with dismissals for […]

12
Oct

0

NEDLAC PROCESS BESET BY CONFLICTING AGENDAS

‘NEDLAC’ stands for the National Economic Development and Labour Council. This is a high level forum where, amongst other things, legislation regarding labour and economic development issues is debated and formed in preparation for enactment in Parliament. This body therefore has a major responsibility to arrive at proposals for legislation that will promote economic development […]

05
Oct

0

WHEN IS DISMISSAL FAIR?

Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair. For example, in the case of Moloi vs Quthing Construction and Developers CK (2007, 8 BALR 720) the accused was given a final warning after he had been repeatedly late for work. When he refused to sign […]

21
Sep

0

HEARSAY EVIDENCE CAN RENDER DISMISSALS UNFAIR

At a disciplinary hearing the chairperson should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is hearsay evidence. This occurs, for example, where the person placing the evidence before the presiding officer is not the person who witnessed the incident. For instance, the complainant may call the bookkeeper […]

14
Sep

0

JOB GRADING THE NEW PRIORITY

The new section 6(4) of the Equity Act (EEA) effective from 1 August 2014 classifies as unfair discrimination differing terms and conditions of employment where: this difference is based on the grounds for unfair discrimination listed in the EEA and the employees affected are doing work of equal value. It is stressed that this provision […]

14
Sep

0

CCMA GUIDELINES ON MISCONDUCT CRUCIAL

The CCMA has updated its guidelines on misconduct dismissal arbitrations in terms of the provisions of the Labour Relations Act (LRA). Despite the fact that these guidelines have been in existence since January 2012 many employers are still not familiar with them. The stated purpose of these guidelines is to “…promote consistent decision making in […]

14
Sep

0

LABOUR LAW TRAINING PUTS MANAGEMENT ON TRACK

The existing and pending new legislation necessitate that management obtain labour law expertise. In the case of NUFAWSA obo Matiti vs Svencraft cc (2007, 3 BALR 220) the employee, a shop steward was dismissed for dishonest use of sick leave. The arbitrator found that the shop steward’s dishonesty merited dismissal. However, despite this finding, the […]

07
Sep

0

Employers Must Prove Dereliction on Duty Charges

Many employers like using Dereliction of Duty as a disciplinary charge when they want to inflict strong punishment employees because: the phrase ‘dereliction of duty’ has a serious and damaging ring to it; and the penalty for a first offence of gross dereliction of duty could be dismissal. However, employers need to be extremely careful […]

31
Aug

0

RED TAPE BEDEVILS URGENT RETRENCHMENTS

The provisions of the Labour Relations Act (LRA) make the implementation of retrenchment difficult and turns large scale retrenchments a nightmare for employers. Section 189 of the LRA lays down a number of strict requirements, the breach of which would normally place the employer in hot water. These provisions require that the employer must: Have […]

24
Aug

0

Labour Brokers Need Sound Legal Advice

Labour brokers and temp. agencies employ hundreds of thousands of people in South Africa and are referred to in the LRA as “temporary employment services” (TES). Many of these employers have not fully realised that the labour laws applying to other employers apply also to them. Such legislation provides as follows: Strict procedures for firing […]

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