Tag: Labour Law Management Consulting
Faulty suspensions can hang employers
Employers regularly suspend employees from duty. This is done in a variety of circumstances for numerous reasons that may include one form of suspension is a temporary lay-off of employees due to operational circumstances.
Beware cancelling concluded employment contracts
The courts have found that the employee is protected by labour law from the moment the employment contract is concluded even if the employee has not yet started work. For example, in the case of Wyeth SA (Pty) Ltd vs Manqele (People Dynamics, September 2003 page 39). Manqele was offered a position by the employer as a sales rep.
Workplace rebellions can wreak havoc
Workplace rebellion can bring the company to its knees. The most typical form of rebellion known in South Africa is industrial action. Such rebellion...
Dirty hands will be caned at CCMA
In common law employers and employees have the obligation to treat each other fairly and within the law.
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.
Retrenchment – the duty to consult
Before making any decision to retrench employers are required to first consult with the union or affected employees on a number of issues, the most important of which is any means of avoiding job losses.
Delay discipline unnecessarily at your peril
The intolerability of the continuation of the employment relationship can be caused by misconduct other than dishonesty.
Double jeopardy costs employer 12 months’ remuneration
Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct. Normally, such discipline would be found to be unfair.
Don’t delay in disciplining employees
In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment after he professed his love for a receptionist.
Transfer from one contractor to another
Where an undertaking (or part thereof or a service) of any kind is transferred by one employer to another as a going concern section 197 of the Labour Relations Act (LRA) comes into effect. This forces the new entity to take over all the employees of the old undertaking.
