It must be remembered by everyone that an approach to the CCMA can only be made with regard to disputes of right. Right is defined by the Basic Conditions of Employment Act and by specific legislation. One cannot approach the CCMA or have a dispute heard by them or when a person has an interest in something. For example you cannot go to arbitration for a salary increase. We often […]
An interesting piece of research was done for the British Medical Journal where it was stated that employers and occupational health staff should recognize the risk when a major down-sizing had taken place. In other studies where 18% of local government personnel were retrenched it was found that there was an enormous increase of cardio vascular disease, and in fact it posed a severe risk to health. It was quite […]
An interesting article appeared in our Press recently stating that chronic health conditions are often not as bad as the attendance record of those who are merely malingerers. Sick leave is done on a three-year cycle and in fact an enormous amount of this sick leave is often taken for no reason whatsoever. It should be noted that the legislation recommends a sick certificate for 2 days or more but […]
It is extraordinary that even in this day and age, once an employee has concluded a settlement agreement with the employer and the employee afterwards is advised that was not adequate, the matter is still referred to the CCMA or to the Bargaining Council Arbitrations. Unfortunately, on many occasions, the CCMA entertains such a dispute although it is not within their power to do so. Any sort of agreement, no […]
An interesting and innovative application was made by Mr Olivier who tried to interdict (stop) MTN Management Services from going ahead with a Disciplinary Hearing. Olivier said that the matter was urgent and asked the Labour Court to stop the hearing because of various circumstances. The Labour Court looked into the problem and said that the circumstances were not special or the applicant could not show that he had suffered […]
We often receive complaints from employers that their employees have left without notice or have committed some sort of unfairness and they want to refer the matter, either to the Commission for Conciliation, Mediation and Arbitration or to a Bargaining Council. We always advise employers to rather take internal disciplinary action and if necessary dismiss, but referring the matter to the CCMA or a Bargaining Council is not acceptable. In […]
This promises to be the biggest public sector strike we have ever seen in the country. There was one in 2004, but not that widespread. In essence, government has offered 6% and the Union is holding out for approximately 12%. Although many of the sectors are essential services, such as nurses and policemen, they have threatened to strike as well. This will create an enormous problem especially the essential services […]
An exit interview is also referred to as a termination interview, separation interview or post-exit questionnaire. An exit interview is usually conducted under termination circumstances such as resignation. An exit interview is a way in which the employer gathers valuable information as to why the employee leaves the company. It is the employee’s choice whether or not to participate in an exit interview. Reasons why an employee should participate in […]
Employees are sometimes absent from work for extended periods, at times without explanations but also for reasons of which the employer is aware. The extended absence from work may provide the employer with a reason to terminate the contract of employment but that is not automatically the case. The employer must ensure that prior to contemplating dismissing the employee, there is a good reason / reasons to go ahead with […]
INCAPACITY ON THE GROUNDS OF TEMPORARY ILL HEALTH OR INJURY 1. The Basic Conditions of Employment gives all employees, who work 5 days per week, 30 days’ paid sick leave in each 3 year cycle. Once the employee’s sick leave entitlement has been exhausted, the employer is no longer obliged to pay the employee for any future absences of sick leave within the 3 year cycle. 2. The employer has […]
