Cape Labour Blog
Labour Consulting Services
A RIGHT TO REFUSE TO WORK
Nov 25th
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
COLLECTIVE AGREEMENT
Nov 25th
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
BREACHING A SETTLEMENT AGREEMENT
Nov 25th
A dispute about an employer and an employee heads for arbitration; during the course of arbitration the parties settle the matter and the settlement agreement is accordingly made an arbitration award.
But the employee not only persists with the misconduct but also tells everyone about what happened at the arbitration proceedings. The employer takes the view that the employee has breached the settlement agreement and refuses to implement it. Could the employer unilaterally do so? The employer’s arguments were doomed to failure – the Court found, for instance, that the employee had not breached the settlement agreement by telling everyone about what was in the agreement.
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
RETRENCHMENT AND THE UNCOOPERATIVE EMPLOYEE
Nov 25th
Retrenchment Matters
The Labour Relations Act requires and employer to consult with an employee when it contemplates a dismissal for operational requirements. Both the employer and the employee are required to seek consensus on alternative measures to avoid the dismissal or to mitigate the adverse effect of a dismissal. This goes both ways, however, and an employee also has a duty to cooperate with the employer when retrenchment is considered- to find a solution that will either do away with the need for retrenchments altogether or to minimise the impact of the retrenchment. It is a well established principle of our law that the labour consultation process.
For further information on Retrenchment or 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
More on Retrenchment Here
SEXUAL HARASSMENT AND THE INFORMAL PROCESS
Nov 25th
It is clear by now that not each and every instance of sexual harassment warrants dismissal. Naturally, sexual harassment is constitutes serious misconduct, and, in most cases, employers would be quick to dismiss if the offence has been proven on balance of probabilities. But it seems that employers should first consider their other options and read their own policies. In a recent CCMA arbitration award, the commissioner concluded that the dismissal was unfair, and one of the reasons for this was that the complainant had not been given a choice between the formal process (leading to a disciplinary enquiry and dismissal) or the informal process (which focuses more on corrective measures).
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 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