30 August 2021 | R Streso
Misconduct in the workplace refers, but is not limited to:
1. Absent without leave or permission:
No further explanation on this topic is required.
2. Reporting late for duty:
Both the principles of sound management and the Labour Relations Act (LRA) require that employers use firm, swift, fair and graduated disciplinary measures to deal with...
A dismissal must be fair. In order for a dismissal to be fair, it must be proved that the dismissal is both substantively and procedurally fair.
These “two legs of fairness” can be summarised as follows:
1.1 Substantive Fairness
The employer is required to prove substantive fairness at a disciplinary inquiry.
Should an employee feel that they have been unfairly disciplined or dismissed, they can refer the matter to the CCMA (Commission for Conciliation, Mediation & Arbitration). The commissioner will then act as a facilitator/judge.
It often occurs that employees are injured while performing their duties in the course of their employment. When they are injured or contract a disease, they suffer damages and are entitled to compensation. In such instances, the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA) applies.
15 January 2021 | Jean Vermaas
In the matter of James v Namcon (Pty) Ltd it was ultimately decided that the Employers action in disciplining and eventually dismissing the employee was an automatically unfair dismissal in terms of Section 187 of the Labour Relations Act which reads as follows:
(1) A dismissal is automatically unfair if the employer, in dismissing the employee,...
As the number of retrenchments begin to soar as a result of companies suffering under the Covid-19 crisis, it becomes increasingly important for both employers and employees to understand the basic processes of retrenchment and how these processes are to be applied and regulated.
Case: Sun International Limited v SACCAWU obo Ramerafe and others
One must pay employees equal pay for equal work, if the employee alleges discrimination on a specifies ground, such as race or gender, it becomes the duty of the employer to establish on balance of probabilities that discrimination did not take place or it was justified.
Written by: Adriaan Jean Vermaas (B. Com Law,...
Case: Tasima (Pty) Ltd v Road Traffic Management Corporation and others
Generally, an appeal suspends the operations of a court order however there are instances where an order will not be suspended pending an appeal.
Once such instance is where it can be shown, on a balance of probabilities, that the one party will suffer irreparable harm should the order be suspended and...
Case: CHEP South Africa (Pty) Ltd v Shardlow N.O and Other
In the above case, C Force rendered Pallet refurbishment services to CHEP South Africa. C Force was paid per refurbished Pallet; there was a service level agreement setting out terms and conditions and it appeared the contractual relationships were indeed genuine and not an attempt to side step Labour Law and Labour Regulations....
Many employers make use of Casual Labour, Labour Brokers and Temporary Employees but what is a casual Labourer and what type of relationship exists between the Labour Broker, the Client and the temporary employee.
Casual Labourers were only referred to in the old Basic Conditions of Employment Act of 1983 and the new act makes no mention of the terms at all however it can generally...