Since the Constitutional Court’s judgement in Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC) declaring the decriminalisation of the use, possession and cultivation of cannabis by an adult in a private place for their personal consumption, there seems to be a high belief that employers can [...]
Some employees and employers who are not affiliated with any labour consultancy, employer organisation or trade union may need to be better informed about the steps or processes that need to be followed when one of the parties wants to terminate the employment relationship. In some cases, employers may find themselves in situations where employees [...]
A situation that many a naïve employer has sat with at the Commission for Conciliation, Mediation and Arbitration (CCMA) or another relevant forum, is that of being confronted by a situation whereby they have dismissed an employee for legitimate and serious misconduct. Yet, they are informed by the relevant forum that they need to consider [...]
The Guidelines on Misconduct proceedings, as published by the CCMA, set out the basic guidelines that employers must follow prior to dismissing an employee for misconduct. It states that where a workplace disciplinary procedure exists, a commissioner must have regard for that disciplinary procedure's existence and legal status. If there is no workplace procedure, the [...]
The Labour Relations Act of 1995 (LRA), as amended, distinguishes between a “protected” and an “unprotected” strike. Employees who participate in a “protected” strike enjoy protection by the LRA and cannot be dismissed unless they are guilty of misconduct. Strikes can sometimes become violent and out of control, making it difficult for an employer to [...]
When a contract of employment is terminated, there are various processes that the employer needs to implement. Aside from the internal processes such as removing the employee from the payroll system, disabling passwords and accounts and collecting company assets, there is the processing of documentation such as the certificate of service, the employee's UI-19 and [...]
Company policies and procedures are a set of internal guidelines that establish the rules within the company. These guidelines assist in communicating to employees what can and cannot be done in the workplace. An example of a company policy would be their dress code. In the recent Judgement of Mofokeng vs The CCMA and Others [...]
There comes a time that every employer will probably have to attend a matter at the Commission for Conciliation, Mediation and Arbitration (CCMA) or possible other Bargaining Council at some point in their ownership of a company. This is not something anyone wants to deal with but, unfortunately, cannot be left in the hope that [...]
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 [...]
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, [...]