Labour Law Blog

TRANSFER OF EMPLOYEES

In a situation where a business is closing or has become insolvent. Section 197 of the Labour Relations Act kicks in. This section specifically grants the affected employees rights in terms of the Labour Relations Act and outlines that they must be transferred on similar terms and conditions recognising previous service. In an interesting decision in the Labour Court, Lotz vs Anglo Office Supplies, the business was sold to a […]

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DISMISSAL FOR ABSENTEEISM

In an interesting arbitration, an employee had been away without leave for 10 days. The employee had in the past received warnings for being absent without leave. On this particular occasion, the employer conducted a disciplinary hearing and dismissed the employee in the employee’s absence. The arbitrator ruled that the employer should at least have made an attempt to try to contact the employee to come to the disciplinary hearing. […]

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DEMOTION – CAN YOU CLEARLY DEMOTE AN UNDER PERFORMING EMPLOYEE?

If the poor work performance was sufficiently serious to warrant the dismissal then the alternative to dismissal such as demotion could be deemed to be fair, if the process was fairly done. In essence Section 186 of the Labour Relations Act says that “unfair conduct by the Employer relating to the demotion of an Employee” could mean an unfair labour practice. If there are circumstances of unfair labour practices, then […]

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Disputes Between Labour Brokers And Companies: Does The Labour Court Have Jurisdiction

In an interesting turn of events, the Labour Court accepted that it has jurisdiction to act as a Court of Law in a dispute between a labour broker and its client. In this particular case, Transman v SAPO, the client terminated the Employment Contract forcing the labour brokers to in turn have to try and comply with Section 189 of the Labour Relations Act (Retrenchment). The labour brokers tried to get information […]

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RELIGIOUS DISCRIMINATION AT THE WORKPLACE?

In an interesting Arbitration, Dlamini & Others v Green Four Security, the Labour Court had once again to decide whether the workplace rules would overrule religious adherence. In this particular case, the employees belong to the Baptist Nazareth Group and they said that their faith did not allow them to trim their beards. Judge Pillay in the Labour Court was faced with the issue and said that it needed to […]

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THE LABOUR RELATIONS ACT PREVAILS

Should there be a conflict between two pieces of legislation, then in terms of Section 210 of the Labour Relations Act 1995, it clearly states that the Labour Relations and its provisions will prevail. An interesting issue arose in terms of the Competition Act, where it is necessary for a business to advertise that certain employees will lose their jobs if a merger or take-over takes place. This however cannot […]

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Commission For Conciliation Mediation & Arbitration

CCMA Rules The CCMA is a statutory body which was set up by the Labour Relations Act. The CCMA rules has been structured to enable the parties to use the CCMA effectively. These rules are to be interpreted and applied in a spirit that will enhance and facilitate the work of the Commission. In essence, these rules have to be administered in a fair and structured manner and they must […]

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AUTOMATICALLY UNFAIR DISMISSALS

It is automatically unfair if the Employer dismisses an Employee because that Employee had participated in or supported strike or protest action. If this strike or protest action was in terms of the Legislation, then that Employee is to be protected. Furthermore, if any Employee took action or indicated an intention to take action against the Employer, exercising his rights in terms of the Legislation by participating in proceedings in […]

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Who has the Protection of our Labour Legislation?

Question for today: Who has the Protection of our Labour Legislation? There is a heated debate about who is an employee. There are guidelines, both in the Basic Conditions of Employment Act and the Labour Relations Act for determining whether persons are employees or not. The employment relationship is a complex and sometimes convoluted relationship which both employers and employees try to disguise. There was often a call by employees […]

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Sick Leave, Sick Certificates – Problems arising therefrom

We have had many queries over the last few months with regard to fraudulent sick certificates, unreadable and unintelligible and even unsigned sick certificates. We are also faced with numerous queries for sick leave with regard to sick certificates from non-medical practitioners and even nurses and sangomas. Any employee who is away from work for more than 2 consecutive days or on more than 2 occasions during an 8-week period […]

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