AUTOMATIC UNFAIR DISMISSAL

An employer may not unfairly discriminated against an employee, directly or indirectly on any arbitrary ground including but not limited to race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility Section 187 of the Labour Relations Act lists the reasons for which an employee may not be dismissed under any circumstances – such dismissals are […]

Automatically Unfair Dismissals

When is it an Automatically Unfair Dismissal? Section 187 reads as follows regarding automatically unfair dismissal: 1. A dismissal is automatically unfair if the employer, in dismissing the employee, acts contrary to section 5 or if the reason for the dismissal is: a) That the employee participated in or supported, or indicated an intention to participate in or support a strike or protest action that complies with Chapter IV. b) […]

What is unfair labour practice?

Definition of Unfair Labour Practice The Definition of Unfair Labour Practice is any unfair act or omission that arises between an employer and an employee involving a) Unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee; PROMOTION The unfair labour practices definition includes […]

DEFINITION OF DISMISSAL

Definition of dismissal: • an employer has ended a job contract with or without notice; • an employer did not renew a job contract as agreed, or offered to renew it on less favourable terms; • an employer does not allow a worker to return to work after she – o has taken legal maternity leave; o has been absent up to 4 weeks before and up to 8 weeks […]

EFFECTING A MUTUAL TERMINATION AGREEMENT

Termination by mutual consent can be seen to be the most cost effective way to settle a dispute in the employment relationship. By agreeing to part ways amicably, the employer dispenses of the employee’s services and avoids protracted and costly litigation. Once a written settlement has been effected, both the employee and the employer can plan their future without any party having any further recourse against one another. For further […]

ALCOHOLISM IN THE WORKPLACE

alcoholism in the workplace Piet van Niekerk* was employed as a bus driver at a reputable bus company, Speedy Bus Services*, for a period of 6 years. The company has a zero tolerance policy towards it’s bus drivers who are found guilty of “arriving for duty under the influence of an intoxicating substance or drinking on duty”. The employees are aware of the company’s written policy and know what sanction […]

Unauthorised Possession of the Employer’s Property

Gerald Johannes* worked for a cleaning company, Joe’s Cleaning, located in Salt River, Cape Town. He worked for the employer for a period of 5 years as a supervisor. Whilst exiting the employer’s premises one afternoon, the security guard searched his bag and found various cleaning products which belonged to Joe’s Cleaning. He was charged with unauthorised possession of the employer’s property and attempting to remove it from the premises. […]

Constructive Dismissal

The definition of constructive dismissal in terms of section 186(1)(e) of the Labour Relations Act provides that dismissal means “an employee terminated a contract of employment because the employer made continued employment intolerable for the employee”. The critical issues for determination in cases involving claims of constructive dismissal are: a) whether the employee brought the contract to an end b) whether the reason for the employee’s action was that the […]

What is the Employment Tax Incentive?

Why is there an Employment Tax Incentive? Millions of young South Africans are currently unable to participate in economic activity, and as a result suffer disproportionately from unemployment, discouragement and economic marginalisation. High youth unemployment means young people are not gaining the skills or experience needed to drive the economy forward. This lack of skills can have long-term adverse effects on the economy. In South Africa, the current lack of […]

RETRENCHMENT: DISMISSAL ON THE GROUNDS OF OPERATIONAL REQUIREMENTS

Retrenchment is understood by the man in the street as simply that he has lost his job because there is no longer a job in the current economic climate. Many employers are contemplating retrenchments due to technological reasons (the introduction of new machines or technological innovations) that result in jobs been made redundant or by requiring employees to adapt working methods to new technology. Alternatively, it could be due to […]

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