Tag: Commission for Conciliation Mediation and Arbitration (CCMA)
Legal representation during misconduct or incapacity related arbitrations
The CCMA, empowered by s115(2A)(k) of the Labour Relations Act (LRA), enacted Rule 25 in January which allows a party in an arbitration dispute to appear in person or be represented by a legal practitioner, candidate attorney or an entitled party in terms of sub-rule 1(a).
Workplace bullying – remedies and recourse
South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices.
Can false allegations be grounds for dismissal?
Issue - Whether an employee who makes a false allegation of racism against another employee can be dismissed?
Traversing the labour law jungle
The untrained layperson cannot be expected to travel through the jungle of labour case law without a guide who has a solid labour law track record. The question is, how do you distinguish a true labour law expert from one who will lead you astray?
The legalisation of cannabis does not extend to the workplace
Whether the recent Constitutional Court case of Minister of Justice and Correctional Services v Prince and Others, in which the private use of cannabis was declared legal, has any bearing on an employer’s ability to discipline employees for being under the influence of cannabis whilst on duty.
New system to be launched to detect non-compliance with Minimum Wage...
Last month the Department of Labour (DOL) released a media brief noting that the Commission for Conciliation, Mediation and Arbitration (CCMA) has requested that the DOL investigate the growing practice of deliberate circumvention of labour laws amongst employers.
Disciplinary hearings – be prepared
Problems of weak disciplinary case presentation often occur. There are two important reasons for this. The person presenting the case for the employer may be insufficiently skilled in case presentation, or, the employer may have failed to prepare the evidence properly.
Workplace racism – the question of culture?
Is the dismissal of an employee, who compares a fellow employee to a monkey, fair, if the employee doing so alleges the statement was made in a friendly and inoffensive manner, according to the employee’s culture?
