Respondent declining to renew fixed term contract after repeated renewals without consulting applicant. The applicant had a reasonable expectation that his contract would be renewed. The more frequently the employer renews a fixed term contract, the more likely it is that an employee will acquire such an expectation. The mere fact that the contract contains a clause saying that its renewal should not be construed as creating an expectation of […]
Did you know that False CVs are submitted to employers daily. Employees render themselves guilty of gross dishonesty when submitting a false CV to a potential employer, and this will typically undermine the trust relationship. The mere existence of misrepresentation does not constitute dishonesty or grounds for dismissal. The nature of the misrepresentation or omission must first be closely examined to determine whether or not it is material. CONTACT CAPE […]
Employers bear the onus in disciplinary cases. Put differently, an employee can be found guilty only by virtue of the fact that the employer complainant has proved the employee’s guilt to the chairperson, not by virtue of the fact that he or she is not guilty. Second, guilt is established on the probabilities, not on the absence of reasonable doubt. So far a chairperson to find an alleged offender guilty, […]
What does Dismissal mean? an employer has terminated a contract of employment with or without notice; an employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms but the employer offered to renew it on less favorable terms, or did not renew it; an employer refused to allow an employee to resume work after she took maternity leave in terms of any […]
New CCMA guidelines relating to misconduct arbitrations recently gazetted, and due to become effective in January 2012.The guidelines highlighted (1) How to conduct arbitration proceedings. (2) Assessing evidence and drafting an award. (3) How to approach procedural fairness. (4) How to approach substantive fairness. (5) How to approach remedies. The guidelines note that “arbitrations typically involve six stages”: (1) Preparation and introduction. (2) The preliminary issues. (3) Narrowing the issues. […]
It’s rare for a winning party to win costs in a CCMA or Bargaining Council arbitration case. Section 138(10) of the Labour Relations Act makes limited provision for costs to be awarded in favour of a party to a hearing. Costs may be awarded against a party and/or their representative in the event that either or both act frivolously (“manifestly futile”) and/or vexatiously (manifestly groundless or utterly hopeless in foundation”), […]
Section 69 of the LRA deals with right of strikers and their supporters, to picket, which is further dealt with in an LRA Code of Good Practice on Picketing. This right to picket can be traced back to section 17 of the constitution, which provides that everyone (strikers and their supporters) has the right to assemble, demonstrate, picket and present petitions in a peaceful, unarmed manner. The purpose of a […]
Ensure that the concept of “proof on the balance of probabilities” is clearly understood. This is the burden (or amount) of proof required for an employee to be found guilty in a fair manner. Put simply, the employer must be able to prove that the employee is probably guilty. For further information on any labour related matters, you can contact Bernard Reisner: W.Tel no.: 021 423 3959 Fax: 021 423 […]
A fair disciplinary hearing procedure generally includes a number of rights that the employee is entitled to – including the right to be given notice of the charges in sufficient detail to enable him to prepare a defence, affording the employee sufficient time in which to prepare a defence, informing him of his right to representation and his right to call witnesses to testify on this behalf, and his right […]
Domestic Workers have for a long time been known as a lady who works in the homes of the upper class people, thus the term domestic worker If you employ a domestic worker then it is critical to have a domestic worker contract. A Domestic Worker Contract is an agreement between the Employer and the Employee (Domestic Worker) Why do I need a Domestic Worker Contract? Having a domestic worker […]
