LRA’S Dispute Resolution Processes One of the most important functions of a bargaining council is the resolution of disputes between an employer and an employee. But what happens if the employer and the employee also agree, in the contract of employment, that any dispute that arises between them will be referred to private arbitration? Would this mean that the bargaining council would no longer have jurisdiction to arbitrate a dispute […]
REFUSING TO SIGN A WARNING Employees must sign for all kinds of things they must sign, for instance, that they received a warning or sign that they have received the Notice of a disciplinary enquiry. But what happens if an employee refuses to do so? The solution, in most cases, is simple: simply have a witness sign that the warning was given to the employee, but that the employee refused […]
A representative, be it an attorney, an advocate or consultant, is there to represent a party to the best of his abilities. At all times, it is necessary for the representative to keep basic good manners in mind. If the representative stoops to insulting, disparaging or belittling a CCMA commissioner or a bargaining council arbitrator, that representative may well be found guilty of contempt in terms of the Labour Relations […]
For the most part, we don’t think of suspension as being problematic especially when the suspension is used in a preventative way before the employee is heard in the disciplinary enquiry. After all, what could the problem be given that the employee is on full pay, yet does not have to work. This paid-for vacation may last for many months or, in some cases, even years. But the Labour Court […]
The Disciplinary Enquiry – The Chairperson The chairperson carries considerable responsibilities in respect of the disciplinary enquiry: in essence, he or she is responsible for seeing that the pre-dismissal procedures are followed and that the employee is given a fair opportunity to respond to the allegations made by the employer. Not only this, but the chairperson must also keep control of the process and importantly, keep his or her cool. […]
What Happens when Shop Steward Becomes a Manager What happens if a shop steward is promoted to a managerial rank? May the employer demand that the employee give up his or her position as a shop steward? We don’t often think of a manager also being a shop steward it would mean that the employee has divided loyalties and may find himself or herself in a tough conflict of interests. A […]
Firstly, it is necessary to understand that there is no statutory requirement to pay bonuses of any sort, and any such payments that are made are not regulated by labour legislation. Generally, if the bonus is guaranteed such as into being a guaranteed payment stipulated in the employment contract then the employer is not left with much choice he must pay. However, where the payment of the bonus is dependent […]
About Incompatibility at Work Incompatibility is a form of incapacity it lies in the fact that the employee is capable of maintaining harmonious working relationships with his or her colleagues. The fact that incompatibility at work is seen as a form of incapacity means that the substantive and procedural requirements for an incapacity dismissal, as set out in Schedule 8 of the Labour Relations Act (the Code of Good Practice: […]
About Transfers and Dismissals The 2002 amendments to the Labour Relations Act introduced a new form of automatically unfair dismissal if the reason for the dismissal is a transfer from one employer to another, or if the reason for the dismissal relates to the transfer. The question arose as to when section 197 of the LRA comes into play. Section 197 is triggered only once the new employer takes control […]
Workers who picket in support of a protected strike would like to be up-front and very visible to make the greatest impact even to attract media attention. This is, after all, what the picket is about: to communicate demands and grievances. The employer wants exactly the opposite to hide the picketers away as far as possible from the eyes of customers, traffic and the media. These two conflicting interest present […]
