Labour Consulting Services
Publications
EAT DRINK AND BE MERRY – BUT NOT DURING WORKING HOURS
May 21st
As we approach the Christmas Season we to post a warning once again that the zero tolerance for alcohol at the work place is not relaxed over the holiday period. The problems that arise at this time of the year create incredibly difficult situations when future dismissals are challenged.
We have seen numerous examples of intolerable behaviour arising out of drinking at the work place or whilst celebrating Christmas luncheons. The behaviour has invariably led to disciplinary hearings thereafter and unfortunately the guilty finding at the disciplinary hearing has more often than not terminated the employment relationship.
It is often said that the rules should be relaxed for Management or at least relaxed in circumstances such as the Christmas Season. However, this relaxation will come back to bite the employer when an individual is caught intoxicated whilst doing his/her job. There have been many reported arbitration awards showing that is individual staff members are treated differently this could amount to an unfair labour practise.
It is suggested that should employers find it necessary to have drinking during the Christmas celebrations that everyone is excused from further work that day and that transport be arranged for those that have partaken in alcoholic beverages.
Please take this cautionary note into account as it could avoid enormous hardship such as a case we have a few years back when 2 individuals had had too much to drink at the Christmas celebrations and a fight ensured between them. This fight led to the death of one of the employees. This situation could have been avoided.
Contact Bernard Reisner 021 423 3959 or e-mail bernard@capelabour.co.za
EXIT INTERVIEW
May 16th
An exit interview is also referred to as a termination interview, separation interview or post-exit questionnaire. An exit interview is usually conducted under termination circumstances such as resignation.
An exit interview is a way in which the employer gathers valuable information as to why the employee leaves the company.
It is the employee’s choice whether or not to participate in an exit interview.
Reasons why an employee should participate in an exit interview:
- By providing constructive feedback to the employer, an employee
will secure a positive reference and the employer may rectify its shortcomings to its benefit.
Reasons why an employee should not participate in an exit interview:
- If an employee is disgruntled and speaks his/ her mind in a
derogatory manner, it will cause more harm than good. In essence,
this will be counterproductive to the process.
Contact Bernard Reisner on 021 423 3959 or e-mail bernard@capelabour.co.za or www. capelabour.co.za
UNDERSTANDING THE PROCESSES OF THE CCMA
May 16th
UNDERSTANDING THE PROCESSES OF THE CCMA
(Commission for Conciliation, Mediation and Arbitration)
1. The first process that is conducted by the CCMA is conciliation.
The conciliation hearing is a process where a Commissioner facilitates possible settlement discussions between the parties.
The Commissioner does not have any powers to make decisions but may merely make recommendations regarding a settlement.
The CCMA does not grant postponements of conciliation proceedings.
If an employee fails to attend a conciliation process the dispute can still be referred by the employee to the next stage, be it arbitration or Labour Court.
A Certificate of outcome will be issued certifying that the dispute remains unresolved.
If the matter is settled, the Commissioner will draft a settlement agreement recording the terms of the settlement. Hereafter, the Commissioner will explain the terms of the settlement to both parties and obtain both parties signature. A copy of the settlement agreement will be issued to the parties for their record and a certificate of outcome will be issued certifying that the dispute is resolved.
2. The second process that’s conducted by the CCMA is arbitration.
Arbitration is a more formal process than conciliation.
The Commissioner will record the proceedings.
The Commissioner makes a formal decision in terms of handing down an arbitration award.
The arbitration award is legally binding on both parties, although the parties can apply to the Labour Court for a review if they are dissatisfied with the arbitration award.
3. The CCMA may set a dispute down for con-arb. The CCMA is inclined to set it down for this process to save time and expense.
A con-arb process is a combination of conciliation and arbitration.
The first stage of the process is the conciliation process. Should the matter not be resolved in conciliation, the arbitration stage proceeds immediately thereafter.
Parties to a con-arb are advised to attend the hearing with all their witnesses and the documented evidence they will need to prove their case.
The con-arb process is compulsory in only 2 instances, namely,
where the dispute is about dismissal for any reason relating to probation or any unfair labour practice relating to probation.
It also cannot be used for disputes over which the CCMA has no jurisdiction because they are disputes that must go to the Labour Court. For example, the Labour Court will adjudicate group retrenchment disputes or a dispute on the grounds of some form of discrimination. Where the con-arb process applies, a party has the right to object to the con-arb by lodging an objection in writing. Same written notice of objection must reach the CCMA at least 7 days before the date scheduled for the con-arb.
Contact Bernard Reisner on 021 423 3959 or e-mail bernard@capelabour.co.za