Ever wondered why the burden of proof shifts between the employer and the employee during dismissal arbitrations? Section 192 of the Labour Relations Act No 66 of 1995 (as amended) stipulates the following: 1) In any proceedings concerning any dismissal, the employee must establish the existence of the dismissal; 2) If the existence of [...]
The Labour Court confirmed in Mafika v SA Broadcasting Corporation Ltd (2010) 5 BLLR 542 (LC), that a resignation is a unilateral termination of a contract of employment by the employee. In a case before the Labour Appeal Court, Kynoch Fertilizers Limited v Webster (1998) 1 BLLR 27 (LAC), the employee was found guilty [...]
When it comes to the provisions of the employment of a foreign national, the key Act’s concerning this practice is the Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014. Section 38 of the Immigration Act clearly states that no person shall employ an illegal foreigner, a foreigner whose status [...]
In terms of Section 64(1) of the Labour Relation Act No. 66 of 1995 “LRA”, every employee has a right to strike, and every employer has a recourse to lockout. The Code of Practice on Collective Bargaining, Industrial Action and Picketing was created to provide practical guidance on collective bargaining, the resolution of disputes of mutual interest [...]
It may happen from time to time that an employee resigns and gives his or her employer 24 hours’ notice. This may leave the employer in a difficult situation where they have to incur costs to re-advertise the vacant post, spend time training the new employee and getting the new employee up to standard in [...]
In general, when employers make property available to employees, it should be for work-related purposes and for the furtherance of their duties in the workplace. Employees may obtain permission from the employer to use company property for other purposes. Company property can be highly valuable and important for the proper running of business. It is, [...]
It often happens that when an employer suspects that an employee is involved in serious misconduct, the employer requests the employee to undergo a polygraph test and then dismiss the employee on the basis that the employee has failed that test. The employer would assume that the employee must have been guilty of the [...]
An Arbitrator could previously only hear a matter i.t.o Section 74(2) of the Basic Conditions of Employment Act (BCEA) before the CCMA for any outstanding monies, if an employee had instituted proceedings for unfair dismissal and the claim had not yet prescribed. This meant that if an employee had a claim for solely statutory [...]
Primarily the CCMA has two main processes, namely Conciliation and Arbitration. At Conciliation an attempt will be made for the parties to reconcile their differences and settle the dispute between them. This settlement and terms thereof are at the discretion of the parties involved, being the Applicant (Employee) and the Respondent (Employer). Should the [...]
Dear Industry Members The Labour Court has ruled that certain employers engaged in the Motor Component Manufacturing Sector are demarked to the Motor Industry Bargaining Council (MIBCO) and not to the Metal Engineering Bargaining Council (MEIBC). This is determined specifically by how an employer is engaged within the industries. Please click here to view the [...]