Articles

Must you always pay severance for retrenchments?

The only type of dismissal in our law that attracts a payment from the employer to an employee upon termination of employment is a retrenchment or ‘no fault dismissal’....

Suspending employees can be tricky business

Employers often suspend employees pending a disciplinary enquiry but frequently these suspensions can result in disputes....

Prepare and prepare more for arbitration

The so-called ‘Rustenberg case’, is widely considered to have been one of the most important labour law cases in many years....

When a new broom sweeps too briskly

Can an employer dismiss a competent manager who causes disharmony in the workplace?...

Supreme Court decisions not final

Only the employer has the power to fire an employee. However, section 185 of the Labour Relations Act 66 of 1995 protects employees against being unfairly dismissed by their employers....

Can you be fired today for past offences?

Misconduct that renders an employment relationship intolerable is regarded as sufficient to justify dismissal. ...

Misconduct must inform summary dismissal

Summary dismissal is a seemingly simple concept yet very often misunderstood by both employers and employees. ...

Poor performance dismissals must not be done hastily

An employee can be dismissed for poor performance. However, dismissal for poor performance is only justified if the reason for dismissal is fair and the correct procedure has been followed....

Had enough of a bad boss?

The Labour Relations Act 66 of 1995 mentions a form of dismissal known as "constructive dismissal"....

Dismissal on grounds of incapacity arising from illness or injury

An employer may dismiss an employee on the grounds of incapacity arising from injury or ill health provided that the employer complies with items 10 and 11 of the Code of Good Practice: Dismissal in the Labour Relations Act 66 of 1995....

Transmission slip not proof of notification

A recurring problem at the Commission for Conciliation, Mediation and Arbitration (CCMA) is that parties fail to attend the forum on the day of conciliation or arbitration....

CCMA rules need a tweak

The Commission for Conciliation, Mediation and Arbitration (CCMA) has wide-ranging powers emanating from labour legislation ranging from making reinstatement and compensation awards in dismissal disputes, to picketing rules during the course of strikes, to making wage determinations in the essential-services sector....

Arbitration awards can be reviewed

An arbitration award by the Commission for Conciliation, Mediation and Arbitration (CCMA) is "final and binding" and there is no right of appeal against such award....

Setting aside of arbitration awards

A recurring problem experienced at the Commission for Conciliation, Mediation and Arbitration (CCMA) is that parties fail to attend conciliation or arbitration hearings....

Protecting a whistleblower

The purpose of the Protected Disclosures Act is to provide protection for whistleblowers and promote a culture of transparency within the workplace....

Fairness a labour cornerstone

The Labour Court had occasion to consider and to pronounce itself on the parity principle or the principle of disciplinary consistency....

Cost orders and the CCMA

The Commission for Conciliation, Mediation and Arbitration (CCMA) has wide ranging powers emanating from labour legislation...

Review of arbitration awards

A Commission for Conciliation, Mediation and Arbitration (CCMA) award is "final and binding" and there is no right of appeal against an arbitration award....

Disciplinary hearings must be fair

One of the requirements of a procedurally fair dismissal, as set out in Schedule 8 of the Labour Relations Act 66 of 1995 (the Code of Good Practice: Dismissal), is that an employee should be entitled to the assistance of a trade union representative or fellow employee at a disciplinary inquiry....

Legal representation at disciplinary inquiries

One of the requirements of a procedurally fair dismissal, as set out in Schedule 8 of the Labour Relations Act 66 of 1995 (the Code of Good Practice: Dismissal), is that an employee is entitled to the assistance of a trade union representative or fellow employee at his disciplinary enquiry....

Whistleblowers receive protection from the law

The Protected Disclosures Act was enacted in order to protect whistleblowers and promote a culture of transparency within the workplace....

Does this end the debate about legal representation in the CCMA?

The debate as to whether an arbitration award issued by the commission for conciliation, mediation and arbitration (CCMA) constitutes an administrative decision as contemplated by the Promotion of Administrative Justice Act 2000, and whether it is subject to the test of review espoused by the act was put to rest last year by the Supreme Court of Appeal in the decision of Rustenberg Platinum Mines v CCMA & Others....

Disciplinary action should be consistent

The Labour Court had occasion to consider and to pronounce itself on the parity principle or the principle of disciplinary consistency....

A job’s inherent requirements take precedence

Under section 15(1) of the constitution everyone has the right to freedom of conscience, religion, thought, belief and opinion....

Religious rights at work

Employees might be forced to work on faith holidays if employer needs them to...