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07
May

0

CCMA CAN DECIDE RETRENCHMENT PROCEDURE DISPUTES

Until the 2002 amendments to the Labour Relations Act (LRA) were introduced the CCMA and bargaining councils had no jurisdisction to decide retrenchment matters once conciliation failed to resolve the dispute. However, the amendments gave jurisdiction to the CCMA and bargaining councils to arbitrate retrenchments where: Only one employee had been retrenched; and The employee […]

06
Dec

0

POTENTIAL RETRENCHEES ENTITLED TO REPRESENTATION

When an employer contemplates retrenching employees it must have a good reason for going through with such an idea. Reasons for retrenchment that are not acceptable include the employer’s personal dislike of the employee, a desire to replace the employee with a family member, the employee’s misconduct, poor performance, population group, state of pregnancy or […]

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 […]

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