Tag: Commission for Conciliation Mediation and Arbitration (CCMA)
Think you are entitled to severance pay? Think again
Section 41(4) of the Basic Conditions of Employment Act 75 of 1997 (BCEA) relieves an employer of the duty to pay severance pay in circumstances where the employee who is dismissed for operational requirements “unreasonably refuses to accept the employer’s offer of alternative employment with that employer or any other employer”.
Collective misconduct and the burden of proof – lessons for employers
The Labour Appeal Court has ruled against an employer's reliance on collective misconduct for shrinkage in an unfair dismissal case, reinforcing the importance of evidence and the burden of proof placed on the employer. The concept of collective misconduct applies when employers address misconduct involving multiple employees.
Industrial relations is essential to dealing with workplace tensions
In any workplace, the relationship between management and the workforce can become tense or strained, for any number of reasons. Often, these tensions can escalate into industrial action, which can be severely disruptive to business.
Preparing for an arbitration hearing in the CCMA
The Commission for Conciliation, Mediation and Arbitration, commonly known as the CCMA, is a statutory body which aims to “advance economic development, social justice, labour peace and the democratisation of the workplace”.
A matter already judged cannot be judged again
In a recent judgment, the Labour Court has confirmed that instituting a claim for unlawful termination may follow an unsuccessful claim for unfair dismissal at the Commission for Conciliation, Mediation and Arbitration (CCMA). However, the principle of Res Judicata still applies where litigants formulate such a claim on the grounds of fairness.
Don’t miss the arbitration hearing!
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.
Dismissal emanating from wearing high-heeled shoes
The Labour Appeal Court recently issued an order refusing to grant leave to appeal against the judgment of the Labour Court, after the Labour Court reinstated an employee who was dismissed for voicing her dissatisfaction with the company’s policy on wearing high-heeled shoes on mine premises.
Labour liberalisation key to incentivise employment and small business growth
South Africa’s labour-law regime is difficult, if not impossible, for small businesses to comply with. It imposes a relatively higher cost on them than on large firms. This leads to fewer people employed in small businesses, and often leads to small businesses not being formalised and therefore certainly not complying with the law.
You can be fired for not reporting suspicious conduct of colleagues
The dismissal of an employee who failed to report the suspicious conduct of her colleague, in relation to missing monies, was found to be substantively fair. The failure of the employee to inform an employer of their business interests being improperly undermined, constitutes derivative misconduct for which dismissal may be afforded.
Delay discipline unnecessarily at your peril
The intolerability of the continuation of the employment relationship can be caused by misconduct other than dishonesty.
