Is reinstatement always the appropriate remedy?
One of the primary functions of the CCMA is to “keep employees employed”. Therefore, it is not surprising that reinstatement or re-employment is the primary remedy for an employee whose dismissal was unfair. Section 193 of the Labour Relations Act 66 of 1995 (hereinafter referred to as the LRA) provides that where an arbitrator finds [...]
What is a Demarcation Dispute?
While the topic of demarcation disputes can sometimes seem as if they are shrouded as an enigma and can be rather technical in nature, the purpose of this article is to provide a concise and practical understanding of demarcation disputes as well as how an employer goes about referring a demarcation dispute. The CCMA defines [...]
Dismissal for a WhatsApp message
WhatsApp is a popular means of communication; employers often create group chats within their Company to communicate instructions or share relevant company information. But what happens when an employee uses this means of communication to share his or her view of a topic that could ultimately affect the working environment? In a recent CCMA decision, [...]
“That’s not what we agreed on,” Retrenchments and alternative employment
It is well known in South African Law that dismissals regarding operational requirements or retrenchments should be carried out as a last resort. Employers should always try to seek alternative measures in order to avoid retrenchments. In the case of Reeflords Property Development PTY LTD v Lauren Almeida (2022) 6 BLLR 530(LAC), the Labour Appeal [...]
What can I do if I am unhappy with an arbitration award?
Arbitration awards are generally considered to be final and binding upon parties. There is no appeal process regarding arbitration awards, as is the case in criminal and civil courts. However, the Labour Relations Act 66 of 1995 provides an avenue for an aggrieved party to take a Commissioner’s decision at arbitration on review to the [...]
What form of discipline should I follow when an employee commits an offence?
Disciplinary action can be taken against employees that have committed a form of misconduct. There are different forms of discipline, the form that will justify the offence depends on the seriousness of the offence and whether the employee has breached the particular rule before. The following forms of discipline can be used (in order of [...]
Calculation of an employee’s remuneration
The South African Revenue Service defines remuneration as any amount of income which is paid or is payable to any person by way of any salary, leave pay, wage, overtime pay, bonus, gratuity, commission, fee, emolument, pension, superannuation allowance, retiring allowance or stipend, whether in cash or otherwise and whether or not in respect of [...]
What does a Compensation Award mean?
In circumstances where conciliation is not possible in a dispute, and the aggrieved party wishes to proceed further with their matter, they may do so by requesting the matter to be set down for arbitration. Once the arbitration process commences, an arbitrator has two primary options after evaluating the evidence placed before them: do they [...]
Can I retrench an employee on a fixed-term contract?
Employers have the right to retrench employees. This is regulated by Section 189 and 189A of the Labour Relations Act 66 of 1995. Due to the current economic climate, retrenchments have become more frequent for obvious reasons. Employers should ensure that their fixed-term contracts are managed correctly to avoid disputes, should they need to make [...]
The Impact of Misconduct on the Trust Relationship
The Labour Relations Act places the trust relationship between the employer and employee at the heart of the employment relationship. Therefore, it can be assumed that an act of misconduct would impact that trust relationship and render continued employment impossible. While that may seem like the logical basis for dismissal, employers are cautioned against making [...]