Competent Verdicts: Is dismissal restricted to what the employee is charged for?
There are some instances whereby it may become apparent that the employer may not be able to dismiss an employee based on the original charges. Would this mean that the employer should withdraw the charges and start over, or are there any circumstances whereby an employee may be dismissed for a charge that was not [...]
The establishment and determination of picketing rules in terms of the CCMA processes
Amongst the various CCMA processes, the establishment and determination of picketing rules is an important process that employers often do not know enough about. When the term “picketing” is brought up, it is associated with strikes and lockouts – but what is picketing, and why is it important to regulate with rules? Picketing is [...]
Bonus: Are all employees entitled to a bonus or 13th cheque?
This has been a difficult year for everyone and now more than ever, employers are struggling to not only maintain their staff compliment but pay staff additional extras such as bonuses. The payment of bonuses, especially the 13th cheque or year-end bonuses, has always been quite a controversial issue because the majority of employees assume [...]
Does the CCMA and Bargaining Councils have jurisdiction to entertain a dismissal dispute when a Full and Final Settlement has already signed?
The employer and employee enter into a Full and Final Settlement agreement to mutually and amicably terminate the employment relationship between them, but a few days later the employer receives a referral or even a Notice of Set down from the CCMA or the Bargaining Council indicating that the employee was unfairly dismissed. Does [...]
What Is A Pre-Dismissal Arbitration?
When thinking of the CCMA, one immediately thinks of a dismissed employee lodging a complaint against their former employer. There are, however, many other services provided for by the CCMA that are not as well known or as popular. An example hereof is a section 188A (LRA) process, Inquiry by an Arbitrator, also sometimes [...]
Annual leave during December and failure to return to work
As the festive season fast approaches it is important that employers are fully informed of all issues relating to annual leave. Issues surrounding annual leave tend to become more common during this time. The conclusion of an employment contract creates reciprocal rights and obligations between employer and employee and the parties to an employment [...]
Avoiding the “retrospective reinstatement stick”
Section 193 of the Labour Relations Act provides the remedies available to individuals who have been unfairly dismissed or have suffered an unfair labour practice. One of these remedies, where an unfair dismissal is applicable, is that of the so-called “retrospective reinstatement” of an employee. Subsection 2 states that: The Labour Court or the [...]
Demarcation Disputes and What They Entail
South African law makes provision for certain sectors or industries of employees and employers wherein they operate. Bargaining Councils are normally registered and act as the central figure, which regulates issues relevant to employment in these sectors or industries. In the context of labour disputes, this usually means that these Bargaining Councils have sole jurisdiction [...]
How does the award of compensation work at the CCMA? I received an adverse award in which my former employee was granted compensation, what is considered when granting such an award?
If an employee refers an unfair dismissal dispute to the CCMA and is successful after arbitration, the employee is entitled to either reinstatement (with or without back-pay), re-employment or compensation in terms of section 193 of the Labour Relations Act (No 66 of 1995). In terms of s193(1) of the LRA, the remedy that [...]
I was absent at the Arbitration Proceedings, what now?
It is crucial for both parties to a dispute to receive notice to attend the matter in order for the parties to defend their case on the date set down by the Commission for Conciliation, Mediation and Arbitration (hereinafter referred to as the CCMA). As soon as an employee decides to refer a matter [...]