The importance of Service Level Agreements in outsourcing
Companies may find itself in a position where it is necessary to contract with third parties in overseeing and/or finalising projects or delivering certain goods or services. In order to remain competent and relevant in its field of business, it can be highly beneficial to outsource work in order to meet a deadline for delivery. [...]
Is an employer restricted by the charges laid against an employee at a disciplinary enquiry or can an employee be found guilty of a competent verdict?
A recent Labour Appeal Court judgment has shed some interesting light on this question – EOH Abantu (Pty) Ltd v CCMA and others (JA4/18) 2019 ZALAC 57 (2019) 40 ILJ 2477 (LAC) The brief facts of the case are as follows: The employee was employed at EOH Abantu (Pty) Ltd as a team leader [...]
How to deal with an employee who absconds?
The word ‘absconding’ can best be described as an employee who has the intention to never return to work. In this instance, the employer has an obligation to first establish if the employee does not have an intention to return to work before dismissing the employee. The employer will not know whether the employee has [...]
Legal Representation, the Constitutionality Dilemma
South African labour practice is constitutionally entrenched within Section 23 of the Constitution, which provides that every person is entitled to, amongst other things, the right to fair labour practices. Section 23 is given effect in terms of the Labour Relations Act which provides for effective resolution of labour disputes. The CCMA is created in [...]
Organisational Rights for Minority Unions
The most important change brought about by the amendments of the Labour Relations Amendment Act, No. 8 of 2018 (LRA) is the conferral of rights in terms of section 14 and section 16 to minority unions, which have in the past been given exclusively to majority unions. In addition, the amendments allow, if certain conditions [...]
Inconsistency Does Not Always Equal Unfairness
In Workplace Law 12th Ed. John Grogan writes that one of the general requirements for a fair dismissal is consistency. For many years now, the labour courts have stressed the principle of equality of treatment of employees, the “parity principle”. What this essentially means, is that it would be unfair for an employer to [...]
Protected disclosure or protected person? What the protected disclosures act requires from an employer
The Protected Disclosures Act 26 of 2000 (“the PDA”) came into effect with its main purpose to create a culture which will facilitate the disclosure of information by employees relating to criminal and other irregular conduct in the workplace in a responsible manner by providing guidelines for the disclosure of such information and protection against [...]
Employee testing positive for Cannabis while at the workplace
People may no longer be prosecuted for cultivating, possessing and using small amounts of Cannabis for private purposes. But what are the consequences for the workplace? With reference to the latest Constitutional Court development where it was ruled that the private cultivation, possession and consumption of cannabis is legal, in the matter of Minister of [...]
Resign or face Criminal Charges: Is that a fair option?
Employers are often faced with difficult situations when it comes to an employee being caught committing various acts of misconduct at the workplace. Certain acts of misconduct that are against the disciplinary code at a workplace are also in-fact against the laws of South Africa. Committing such an act of misconduct is not only an [...]
Does the “helping-hand principle” still apply in Arbitrations?
The “helping-hand principle” can be found in Clause 20 and 21 of the CCMA guidelines on misconduct arbitration. The applicable sub-clauses can be summarised as follows: Clause 20: “At the start of the arbitration, the arbitrator should welcome the parties and advise them of – … 20.9) the requirement that if evidence of a [...]