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22
Oct

0

CROSS-EXAMINATION IS A RIGHT

At a hearing arranged to discipline an employee both parties are entitled bring witnesses. These witnesses may come from inside or outside the workplace. The accused employee has the right to cross-examine the witnesses brought by the employer. The employer is not compelled, in every case, to bring witness that it chooses to leave out […]

08
Oct

0

DON’T MISS THE ARBITRATION HEARING!

It may well continue without you. Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As it is difficult, in the absence of the employer, for the arbitrator to test the truth of […]

30
Aug

0

INTOLERABLE EMPLOYMENT RELATIONSHIP PIVOTAL TO JUSTIFY DISMISSAL

The Code of Good Practice: Dismissal provides that, where employers are considering dismissing an employee they should be able to justify this drastic sanction by proving that the employee’s misconduct is so serious that it makes continued employment intolerable. One factor that could constitute such intolerability is the employee’s breach of the trust relationship. For […]

03
Aug

0

DISMISSING ILL/INJURED EMPLOYEES CAN HAVE SICKENING RESULTS

The August winds are spreading infections amongst and workplace absenteeism is rife. The challenge for employers is to distinguish the genuine cases of illness from those where employees are just sick of working.   The Labour Relations Act (LRA) requires that employer’s may consider dismissing employees incapacitated by illness or injury only as a last […]

27
Jul

0

SANGOMAS NOT YET REGISTERED TO PROVIDE MEDICAL CERTIFICATES

Confusion abounds as regards whether employers are required to accept medical certificates from traditional healers. The causes of this confusion are as follows: Firstly, the Traditional Health Practitioners Act No. 22 of 2007 was signed into law in 2008 Secondly, the Traditional Health Practitioners Council (THPC) constituted in terms of this Act has already been […]

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