An employee may be suspended pending a disciplinary enquiry this is to make sure that the employee does not intimidate potential witnesses or that the employee does not interfere in the investigation of the misconduct allegations. Some cases a suspension without a pay may be justified as a disciplinary sanction instead of dismissal. And if the employer decides to suspend an employee instead of dismissing him or her, the arbitrator […]
Medical Examinations and Harassment Sometimes, a really thorough medical examination can be embarrassing and pretty uncomfortable, especially if the doctor requires the employee to undress for part of the examination. In a recent CCMA arbitration, the question arose whether the employee, a part-time medical doctor, crossed the line between a medical examination and sexual harassment. A number of employees indicated that they were uncomfortable with the way in which they […]
About Conducting Arbitration Proceedings The arbitrator must see to it that all the relevant issues are canvassed and that the matter is properly heard; that each party is given a fair opportunity to present its case and that he or she retains his or her objectivity and neutrality. While it is clear that a commissioner or arbitrator may take either an adversarial or inquisitorial approach, the fact remains that the […]
Can shop stewards sign an agreement concluded with an employer and thereby bind the union as a whole? This interesting question arose in a recent CCMA arbitration award, and the CCMA commissioner held that the agreement was indeed valid the employer had not raised the issue of the shop stewards’ authority of the time and the owner of the business had been only too happy to sign the agreement. It […]
An employer who alleges that an employee is under the influence of alcohol must prove on a balance of probabilities that the employee was indeed under the influence. Employers usually rely on a breathalyzer to establish whether the employee is intoxicated by alcohol. CONTACT CAPE LABOUR. For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will gladly assist […]
About THE SMS RESIGNATION A binding and valid employment contract can come into existence if the prospective employee communicates his or her acceptance of the employer’s offer of employment to the employer by means of an sms text message. Now, the Labour Court has looked at the other side of the coin: whether an employee can terminate his or her employment by sending a senior manager an sms text message […]
The facts are straightforward: an employee is dismissed and the unfair dismissal dispute heads for the CCMA for arbitration. The employer shows up with an attorney in tow and the trade union representative (representing the employee) objects to the employer’s legal representation. The CCMA commissioner makes a ruling that legal representation would not be allowed. CONTACT CAPE LABOUR. For more information on labour law advice or services. Please feel free […]
Issuing Interdicts Issuing interdicts is a significant part of the Labour Court’s work. There are final interdicts and then there is the rule nisi. All of these have their own requirements that applicant must prove. And when an applicant approaches the Labour Court for urgent interim relief, the applicant must also be in a position to show why the matter is urgent. For further information on Interdicts or any labour […]
When it comes to workplace misconduct or offence, the seriousness of the misconduct is never an “intrinsic” or “inherent” issue. The gravity of misconduct must always be measured with reference to the employee’s showing remorse and, more importantly, the impact that the misconduct had (or could have, if it were to be repeated) on the employer’s business. CONTACT CAPE LABOUR. For more information on labour law advice or services. Please […]
STRIKES, MISCONDUCT AND DISMISSAL Are employees protected against Misconduct during a Strike? Even in the case of a protected strike, employees are not protected against misconduct committed during the course of the strike. This means that an employer can take disciplinary action against employees for damage to the employer’s property, and for intimidation and assault of non-striking workers. For further information on Strikes, Dismissal for misconduct or any labour related matters, […]
