Labour Consulting Services
Articles
THE DISCIPLINARY ENQUIRY: WHEN THE EMPLOYEE WALKS OUT
Nov 25th
What happens if an employee simply walks out of the disciplinary enquiry? Does this mean that the employee has effectively pleaded guilty or does it mean that the employee has given up his or her right to an enquiry altogether? Some employees believe that by doing so, they are shooting down the entire process and that they can then later claim that the dismissal was procedurally unfair. For the employer, it creates the temptation not to hold the enquiry at all, thinking that all is said and done. But there are certain requirements that must be met before an employee can be said to have waived his or her right to a disciplinary enquiry. And the fact that the employee has furiously left the enquiry does not mean that the enquiry ends there and then. The facts must still be heard and a decision be taken by a neutral and objective chairperson.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
NOT FOR THE FAINT-HEARTED: MAKING DISCLOSURES
Nov 25th
Some employees, as a matter of principle, are to do what it takes to report improprieties, corruption and criminal activities in the workplace either to their employer or to some other institution or person. Blowing the whistle requires bravery on the part of the employee, because there is the real possibility that the employer will respond to a disclosure by dismissing the employee or subjecting him or her to some other “occupational detriment”. The protected Disclosure Act of 2000 seeks to establish a culture of disclosure of information, it seeks to encourage employees to blow the whistle things are going wrong in the workplace. But an employee’s disclosure will only enjoy the protected of the PDA if certain requirements are met: meaning that an employee may well need assistance of some sort to ensure that the disclosure he or she is about to make is indeed protected.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
THE BROKEN-DOWN GRIEVANCE PROCEDURE
Nov 25th
Almost every employer has a grievance procedure. But the fact that this procedure is tucked away in the employer’s policy manual is not enough employees must feel that they can lodge a grievance without fear of victimization or punishment. Not only must grievances be managed appropriately, but the grievance procedure also needs to be managed. The fact that no grievances are lodged does not mean that there are none.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
REQUEST FOR INTERPRETER
Nov 25th
An employee requested the use of an interpreter in a disciplinary hearing not for herself, but for one of the witnesses she intended to call. The employer did not accede to this request and it was one of the factors in a CCMA commissioner’s concluding that the dismissal was procedurally unfair.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
SEARCH PROCEDURES
Nov 25th
An employee admitted that she knew of a clause in her employment contract in terms of which she undertook to submit to searches upon leaving the employer’s premises. The employer had also put notices on notice boards as regards the search policy and the seriousness of non-compliance. The employee was dismissed for refusing to be searched, and the CCMA commissioner affirmed that her dismissal was fair and lawful.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
GOING AWOL
Nov 25th
When does an employee’s absence from work constitute desertion or abscondment? What should the employer do in this case? If an employee is absent from work for an extended period, the employer could argue that the employee has repudiated the employment contract and thereby dismissed himself. If the employee can be contacted, the employer should convene a disciplinary hearing to ascertain the reasons for the absence before dismissing the employee.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
INTOXICATION
Nov 25th
In Most cases, an employee who is found to be under the influence of alcohol at the workplace will be guilty of grave misconduct and, as a rule, the employer may dismiss the employee once it has been established that the employee is indeed under the influence of alcohol. But how does the employer go about proving that the employee is intoxicated? Is a blood test or a breathalyzer test always necessary? It would be preferable that such tests are carried out on the employee.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
COLLECTIVE AGREEMENT
Nov 2nd
The objective of collective bargaining between an employer and organized labour is to reach agreements that are legal and binding in terms of which their relationship is formalised and wages and conditions of employment are fixed for set periods. Collective agreements differ from individual contracts of employment in that employment contracts are entered into between an individual and his or her employer and establish personal rights and obligations. Collective agreements are entered into between an employer and the representative of the employees and establish uniform conditio9ns of service for all employees.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
A RIGHT TO REFUSE TO WORK
Nov 2nd
An employee who refuses to work is guilty of misconduct and may face disciplinary action. However, in some limited cases, employees do have the right to refuse to work. This right is provided by legislation and protects employees who refuse to work if they reasonably believe that the workplace has become a threat to their health or safety or if they reasonably believe that the workplace has become a threat to their health and safety or if they perceive a real and imminent threat to the environment. It is clear that the refusal to work must be in good faith and that it must relate to hazardous situations not every case of discomfort or unreasonable perceptions will enjoy the protection of the law.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za
HEARING EVIDENCE BEHIND CLOSED DOORS
Nov 2nd
In some cases, employees may be reluctant to give evidence in disciplinary proceedings or arbitration proceedings. But this reluctance is not enough it is only where there is a real possibility of intimidation or if a witness fears for his or her safety that the possibility of in camera testimony arises. This will then mean that only the witness and the arbitrator will be in the room, and the arbitrator will, in some sense at least, step into the shoes of the parties’ representatives. The arbitrator will ask the questions and record answers.
For further information on any labour related matters, you can contact
Bernard Reisner:
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za