Tag: dismissal
Employee disability benefit claims – employer responsibilities and benefit options
Employee benefits such as a retirement fund, healthcare insurance, medical scheme membership, group life and disability benefits are pre-negotiated and agreed upon as part of the employment process and contracting. Typically, these benefits remain in place until the employee-employer relationship concludes through resignation, dismissal, retrenchment, retirement or death.
Labour law – what is reasonable?
The concept of reasonableness has a strong subjective element. For instance, a salary increase of 50 % might seem reasonable to me if I have been earning a lot less than my colleagues. However, if my employer is reluctant to establish a precedent of granting such large increases, then demanding such a significant raise may not be considered reasonable from their perspective.
Bias of presiding officers must be proven
The law affords employees the following procedural rights before being dismissed for misconduct or poor performance:
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Now in its second revised edition, Labour Law in Practice has sold over 10,000 copies and has helped numerous South African managers and business owners navigate their way safely through what sometimes seems to be an impenetrable maze of labour law and practice.
Lack of disciplinary expertise can prove costly
The cost to the employer can include hearings at CCMA, Labour Court and Labour Appeal Court as well as back pay.
Don’t miss your disciplinary hearing
Employers are not entitled to dismiss the employee without a hearing.
No enquiry before being fired – no problem!
Labour relations and the fairness standards for dismissal of an employee in South Africa have long been centred around the formality of disciplinary or incapacity enquiry processes, and the tradition of the usage of these processes has built up an expectation that they are mandatory.
The dire consequences of carrying a weapon during a strike
The concept of strikes is not new to South African employers and employees alike. However, within the realm of striking and strike protection there are certain rules and regulations that may be unknown. This is particularly true when it comes to the repercussions of carrying a weapon during a strike.
Cross examination at disciplinary hearings
It is a well established and non-negotiable requirement that the employee accused at a disciplinary hearing be allowed to defend himself. This includes challenging the employer’s evidence.
Use aggravation to counter mitigation
When an employer fires an employee for dishonesty or gross dereliction of duty it normally intends for the employee to stay fired. However, the Labour Relations Act (LRA) dilutes the employer’s right to dismiss by:
