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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 […]

17
Aug

0

Years Of Service a Mitigation Factor

Many employers, when considering dismissal, do not mind taking into account the fact that the guilty employee has long service. However, having weighed this against the seriousness of the offence and aggravating factors, the employer should be allowed, within reason, to make a decision on the penalty. Should a penalty of dismissal then be made […]

11
Aug

0

Employees Should Not Falsly Accuse Employers

Making unsupported allegations of unfairness against employers can be costly. This is partly because the CCMA, Labour Court, Labour Appeal Court and bargaining councils deal with approximately180 000 cases per year and do not have time to waste on dealing with false claims. The majority of these cases are referred by employees and deal with […]

27
Jul

0

Double Jeopardy Discipline Costly For Employers

Can the employer can discipline an employee twice for the very same incident of misconduct? Under exceptional circumstances a second disciplinary process might be justified if the employer is able to present evidence that: Is new and has therefore not been presented at the first disciplinary hearing and Is relevant to the charges and is […]

20
Jul

0

Fixed-term Contracts Not For Permanent Positions

South African employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts. A key reason for this is that employers do not understand the legal purpose of fixed-term contracts and the circumstances under which they are safe to implement or terminate. The point at which the employer gets caught out is […]

13
Jul

0
Labour Law Advice Logo

Staff Happiness Is Not Incompatibility

The lodging of complaints by staff can be used as grounds neither for alleging incompatibility nor for dismissing employees.   In the case of Jabari vs Telkom SA (Pty) Ltd (2006, 10 BLLR 924) the Labour Court, in explaining the nature of workplace incompatibility, highlighted three important characteristics of incompatibility. It said that: Incompatibility refers […]

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