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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 […]

15
Jun

0

ALLOW EMPLOYEES TO ATTEND THEIR DISCIPLINARY HEARINGS

Item 4(1) of the Code of Good Practice: Dismissal (the Code) attached to the Labour Relations Act (LRA) states, in effect, that the employer should conduct an investigation and allow the employee to state a case in response to disciplinary allegations as part of the requirements for rendering dismissals procedurally fair. Countless case law decisions […]

01
Jun

0

DEAL CAUTIOUSLY WITH ABSENTEEISM

Ensure that the rights of absent employees are adhered to before dismissing The law considers absenteeism over short periods (a day or two) without leave or without good reason as minor misconduct. However, when even short periods of absence become the norm amongst a workforce this can constitute an extremely serious problem for the employer. […]

30
May

0

REFUSED PROMOTION CAUSES COMMOTION

Employees do not ordinarily have an automatic entitlement to a pay increase or to advancement up the corporate ladder. However, the Labour Relations Act (LRA) does allow employees who have been passed over for promotion to lodge an unfair labour practice dispute at the relevant bargaining council. Should the industry in question have no bargaining […]

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