Statutory rights of unions The LRA confers four statutory rights on ‘sufficiently representative’ unions. These are the rights of access to employers’ premises, to the deduction and payment of union fees, to elect, utilise and train trade union representatives (shop stewards), and to information. Access to the employer’s premises The right of access is granted to all registered trade unions that are ‘sufficiently representative’, which in respect of access rights […]
Poor Work Performance during Probation: 1. a) An employer may require a newly-hired employee to serve a period of probation before the appointment of the employee is confirmed. b) The purpose of probation is to give the employer an opportunity to evaluate the employee’s performance before confirming the appointment. c) Probation should not be used to deprive employees of the status of permanent employment. d) The period of probation should […]
The employer has the right to set reasonable requirements in terms of output and the standard of work required of the employee. If the employee fails to attain the standards set by the employer, the employer is entitled to terminate the contract. Termination for this reason is generally known as dismissal for incapacity. Dismissals for incapacity relate the inherent inability on the part of the employee to do the job […]
Incapacity hearing and general guidelines for: Dealing with employees who are unable to perform their work due to illness or injury. 1. Incapacity on the grounds of ill-health or injury may be temporary or permanent. If an employee is temporarily unable to work in these circumstances, the employer should investigate the extent of the incapacity or the injury. If the employee is likely to be absent for a time that […]
Sexual harassment may be described as persistent, unsolicited and unwanted sexual advances by one person to another. The code of good Practice on Sexual Harassment gives examples of conduct that may amount to sexual harassment. This ranges from physical contact, through verbal forms such as innuendoes, suggestions, hints and comments with sexual undertones, sex-related jokes or unwelcome graphic comments made in their presence or directed at them, inappropriate inquiries about […]
Consistency – Employers and Employees The requirement that employees must be aware of the rules of the workplace gives rise to the further principle that the employers must apply their rules consistently. Generally speaking, it is unfair in itself to treat people who have committed similar misconduct differently. However, it is also unfair because inconsistent application of rules creates confusion and possible doubt about whether a rule in fact exists. […]
Conflict of Interest The prohibition against competition by employees with their employers has its roots in the common law requirement that an employee devote his time, energy and skills to furthering the interests of the employer’s business. Employees act in bad faith if they compete with the business of their employers. Conflict of interest can arise in the following instance. Although employees are entitled to participate in the activities of […]
Employees are duty-bound to uphold their employer’s good name and reputation. This may occur, for example, where the employee defames the employer or makes disparaging remarks about the manner in which it conducts its business. 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 you. Cape Labour & Industrial Consultants is a […]
‘Dishonesty’ is a generic term embracing all forms of conduct involving deception on the part of employees. ‘Dishonesty’ can consist of any act or omission which entails deceit. This may include withholding information from the employer or making a false statement or misrepresentation with the intention of deceiving the employer. Dishonesty entails ‘a lack of integrity or straightforwardness and, in particular, a willingness to steal, cheat, lie or act fraudulently.’ […]
Mitigating factors should be considered after the employee has been found guilty of the offence; whether there are mitigating (or aggravating) factors constitutes a separate inquiry. A variety of considerations may be relevant when considering a plea in mitigation. These include a clean disciplinary record, long service, remorse, the circumstances of the offence, whether the employee confessed to his misdemeanour and any other factors that might serve to reduce the […]
