Tag: unfair labour practice

In Mqikela vs Pristo Response Trading, the South African Labour Court found that a supposed retrenchment had masked the real reason for dismissal. The employee had referred an unfair labour practice (ULP) dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). This case exemplifies an automatic dismissal due to ULP.

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”.

Many employers have placed their hopes of a return to the pre-COVID-19 workplace on the development of a COVID-19 vaccine. South Africa is in the process of acquiring and rolling out vaccines, however, it seems that although people are encouraged to be immunised, no one will, at this stage, be legally required to take the vaccine.

The pandemic brought with it a slew of realisations for business owners, one such an epiphany is how most organisations need fewer employees to remain functional. But using COVID-19 as a reason for retrenching a surplus of employees constitutes as unfair dismissal.

South Africa’s current national state of disaster, and the uncertainty that has gripped the world, will especially impact the most vulnerable groups in our society. That includes those in casual or insecure employment who face two possibilities in the reality of social distancing: loss of income, or ongoing exposure to the virus through the front-line nature of their work.

With more than a third of employees reporting acts of bullying in the workplace, this has become a significant issue in South Africa that negatively impacts teamwork and morale. I discuss what bullying entails and the precautions companies can take against this form of abuse.

Nerine Kahn spent 10 years fixing the CCMA. What a decade of achievement! A superb interview conducted with a straight shooter. In 2006 Nerine Kahn moved from the Department of Labour to the CCMA leaving a LEGACY PAR EXCELLENCE in her wake when she left in 2016. Essential listening for insight into the CCMA.

Employers need to think twice before they simply suspend an employee. If the suspension turns out to be unfair, the employer may need to fork out more money than bargained for. There are two types of suspensions in the workplace, namely precautionary suspensions and punitive suspensions.