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26
Jun

0

BRIBERY AND CORRUPTION AN EMPLOYER’S NIGHTMARE

With the current behaviour of political leaders, spiralling prices of goods, job losses and scarcity of new jobs it is not surprising that the use of bribery and corruption for the purposes of satisfying needs is thriving throughout our land. Frequently, it is employees who are involved in practicing corruption or giving or receiving bribes. […]

06
Jun

0

MAKE SURE YOUR EVIDENCE IS RELEVANT

Proof is evidence soundly supported by other relevant evidence. Regardless of the seriousness of an employee’s misconduct his/her dismissal will be found to be unfair if the employer is unable to provide at arbitration sound and relevant evidence that the employee was guilty of the offence for which he/she was dismissed. Proof of guilt is […]

07
May

0

THERE ARE ALTERNATIVES TO RETRENCHMENT

The current international and South African climate is causing a large number of companies to experience severe financial difficulties. Customer orders are waning, budgets are being cut, profits are dwindling, cash flows are tightening and it is becoming increasingly difficult to pay creditors and staff salaries. In addition to our economic downturn crime is having […]

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 […]

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