Click to connect with us on LinkedIn or Facebook | Office: (011) 888-7944

28
Mar

0

LABOUR LAWS PROTECT NEW MOTHERS

Pregnant employees are strongly protected under South African law. There are no fewer than six pieces of legislation that require employers to treat pregnant and post-pregnant employees with the greatest of care. One of these pieces of legislation is the Code Of Good Practice On The Protection Of Employees During Pregnancy And After The Birth […]

14
Mar

0

THE LABOUR DISPUTE SYSTEM – HOW IT WORKS

The Labour Relations Act of 1995 (LRA) makes it very easy for employees to challenge alleged unfair dismissals and other unfair practices at private or statutory dispute resolution forums. Such disputes may, by agreement, be dealt with via private (non-statutory) dispute resolution forums such as AMSA, AFSA, Tokiso and others. On the other hand the […]

22
Feb

0

BEWARE OF RETRENCHMENTS FOR POOR PERFORMANCE

The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. For instance, it is not normally acceptable to use the procedure laid down for retrenchments in order to deal with poor work performance.   However, while retrenchments and poor performance terminations should […]

15
Feb

0

INTERDICTS, DISCIPLINARY HEARINGS AND REPRESENTATION

Section 158 of the Labour Relations Act (LRA) gives the Labour Court the power to issue interdicts preventing employers, employees or trade unions from proceeding with threatened or current actions.   A distinction should be drawn between an interdict and a writ. This is because a writ is issued by the Court in order to […]

07
Dec

0

FIRING THE LOT COULD PUT YOU IN A SPOT

Employers frequently suspect that serious misconduct has occurred but are unable to prove which employee or employees are responsible. Some case law has given the impression that, in such circumstances, group dismissals may be justified. This impression has been given by two important cases; those involving Score Supermarkets and Snip Trading. In the case of […]

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 […]

Page 3 of 4