Labour Law Blog

UNDERSTANDING THE PROCESSES OF THE CCMA

UNDERSTANDING THE PROCESSES OF THE CCMA (Commission for Conciliation, Mediation and Arbitration) 1. The first process that is conducted by the CCMA is conciliation. The conciliation hearing is a process where a Commissioner facilitates possible settlement discussions between the parties. The Commissioner does not have any powers to make decisions but may merely make recommendations regarding a settlement. The CCMA does not grant postponements of conciliation proceedings. If an employee […]

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POLYGRAPH TESTING

A polygraph test is used to verify a person’s truthfulness. Consent must be obtained in writing from the person who is to undergo a polygraph examination and this provision should be included in the contract of employment. You cannot compel a person to undergo a polygraph examination. Polygraph testing on its own is inherently unreliable and should be viewed with great circumspection. Polygraph test results should be used only in […]

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The process of the CCMA with regards to Hospitality and Travel Jobs

The process of CCMA Question 1: In what instances could a business such as a Golf Estate be taken to the CCMA? An employee can take a business such as a Golf Estate to the CCMA (Commission for Conciliation, Mediation and Arbitration) with respect to an alleged unfair dismissal on the grounds of misconduct, incapacity, operational requirements, unknown reasons or for constructive dismissal. Furthermore, an employee can allege an unfair […]

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The Unemployment Insurance fund (UIF)

What is the role of the Unemployment Insurance Fund? The Unemployment Insurance Fund (UIF) is part of the Government’s Social Security programme. The Fund has been established to provide short-term relief to workers, subject to certain conditions when they become unemployed, or are unable to work because of illness, maternity or adoption leave and also to provide relief to the dependents of deceased contributors. How does the UIF obtain its […]

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Dismissal or Agreed Termination of Employment

Can an Employee agree to termination over dismissal? On certain occasions, the employer can give an employee the opportunity to consider an agreed termination rather than facing a dismissal Such choices include: 1. The request that the employee tenders his/her resignation; 2. To face possible dismissal subsequent to attending a disciplinary hearing; 3. Or to agree to the employment relationship terminating by mutual agreement. After the employee’s deliberations, 1. The […]

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Looking for a professional Labour Law Consultant?

Cape Labour offers professional and expert advice for a labour related matters Are you an employer looking for professional and expert advice in terms of all labour-related matters. Cape Labour & Industrial Consultants, headed by Bernard Reisner, has provided Employment Law (Industrial Relations) services to employers across all market segments and industries since 1987. Cape Labour Law Consultants are service-orientated and strive to provide its clients with professional and cost-effective […]

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