In some cases, employees may be reluctant to give evidence in disciplinary proceedings or arbitration proceedings. But this reluctance is not enough it is only where there is a real possibility of intimidation or if a witness fears for his or her safety that the possibility of in camera testimony arises. This will then mean that only the witness and the arbitrator will be in the room, and the arbitrator […]
In terms of the Employment Equity Act (section 60) an employer can be held liable for sexual harassment perpetrated by one employee against another if a number of requirements have been met. The sexual harassment, for instance, must take place at the work place and the employer must be aware of harassment. The employer will also be liable if it failed to take all reasonable and practical measures to ensure […]
Section 41 of the Basic Conditions of Employment Act Section 41 of the Basic Conditions of Employment Act provides that an employee who is dismissed for an operational reason is entitled to severance pay but the severance pay be forfeited if the employee unreasonably refuses an offer of alternative employment. The problem is always in determining whether the employee’s refusal of the other job was reasonable or not. For any […]
Employer must apply workplace rules and standards consistently this is not only a cornerstone of workplace justice, but also a consideration listed in the Code of Good Practice: Dismissal. In a recent arbitration, the arbitrator made the point that if the employee’s misconduct is serious enough to justify a dismissal, he or she cannot rely on the fact that another employee received a lesser sanction for a previous incident. For […]
Arbitration Proceedings Most commissioners and private arbitrators would follow the age-old rule that people who are going to give evidence should not be permitted to sit in during the arbitration proceedings. There is another rule of thumb to the effect that a representative should not also give evidence. But are these rules absolute? The Labour Court has held that the fact that a witness was present in the proceedings should […]
When it comes to the difficult question of who is an employee, it is always about relationships and these relationships can be quite complex. It all comes down to the question of who does what, who controls what and how people are paid for what they are doing. But is it mainly a question of control over someone’s activities that is the decisive factor? In a recent CCMA arbitration award […]
In these times, many people are desperate for a job, and they may go to some length to secure employment. Even if it means embellishing their job applications or CV’s, or simply leaving out relevant information. In a recent CCMA arbitration award the employee failed to disclose that he had been employed by the same employer a couple of years previously, and that he resigned while an investigation into his […]
The question often arises in the context of termination of employment: How long is a calendar month? Does it mean that the employee must give notice on the first day of a month to end the contract on the last day of the month? Or can an employee give notice on 08 January with the effect of ending the employment contract on 08 February? This is an issue the Labour […]
Employees often think they are beyond the reach of the employer’s power to discipline them if the misconduct is committed outside working hours and off the employer’s premises. But this is clearly not the case. An employee can still be disciplined. 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: […]
An employee leaves a sealed letter of resignation on his manager’s desk. His manager knows what is in the envelope, but because he has other pressing business to attend to, he leaves the letter where it is. The employee cools down, explains that he resigned in haste, and retrieves his resignation letter, still unread and still sealed. Can it be said that the employee resigned, or does the resignation only take […]
