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21
Mar

0

DISMISSING ALCOHOLICS/ADDICTS CAN BE COSTLY

It is legally very dangerous for employers to to discipline and fire employees who commit offences due to illness or disability. For example, an employee who uses alcohol or narcotics and becomes addicted is legally classified as being ill and is protected by law.   Section 6 of the Employment Equity Act prohibits unfair discrimination […]

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 […]

07
Mar

0

INVESTIGATING MISCONDUCT IS A MUST

Most managers are busy people and therefore claim nor to have time to investigate reports of misconduct or poor performance. It is often for this reason that managers may implement discipline hastily without first investigating the validity of the reports. This may occur due to feelings of anger or to ignorance of the labour law […]

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 […]

08
Feb

0

POOR CONDUCT CAN MEAN POOR MANAGEMENT

Occasionally employees misbehave or misperform because they do not want to work and prefer to get fired. However, in my experience this is more the exception than the rule. More often, consistent poor conduct or poor performance reflects a management that is either under skilled or unwilling to manage employee conduct. As a result we […]

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 […]

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