Disciplinary procedures short of dismissal

All employers should adopt disciplinary rules that establish the standard of conduct required of their employees. The form and content of disciplinary rules will obviously vary according to the size and nature of the employer’s business. In general, a larger business will require a more formal approach to discipline. An employer’s rules must create certainty [...]

2021-07-28T17:04:53+02:00July 28th, 2021|General|0 Comments

Are employers entitled to appeal the finding of a Chairperson where such finding was issued to the employee on the spot?

An employee was given a final written warning "on-the-spot" by the chairperson after being found guilty of misconduct at a disciplinary hearing. The employer is unhappy with the sanction and lodges an appeal to have the sanction overturned and subsequently changed to a summary dismissal. Would this amount to "double jeopardy" since the employee has [...]

2021-07-28T12:40:12+02:00July 28th, 2021|General|0 Comments

AARTO – An administrative rather than a criminal process

The Administrative Adjudication of Road Traffic Offences Act of 2019 hereafter, referred to as (“AARTO”) regulates the administrative process for motorised traffic violations with the allocation of demerit points and penalty fines. The system introduces a 15-point system for motorists whereby, a penalty can be imposed on a motorist, operator or owner of a vehicle [...]

2021-07-21T13:50:21+02:00July 21st, 2021|General|Comments Off on AARTO – An administrative rather than a criminal process

Avoiding a strike scenario by concluding a collective agreement

Collective bargaining is the process of negotiations through which a trade union tries to get an employer to formally agree and accept the workplace demands that workers put forward. Workplace demands can include wages, working conditions, union rights, etc. The aim of collective bargaining is to reach an amicable agreement on the workplace demands and [...]

2021-07-19T09:50:35+02:00July 19th, 2021|General, Strikes|Comments Off on Avoiding a strike scenario by concluding a collective agreement

Voluntary Retrenchments

A voluntary retrenchment is, in essence, an alternative to a forced retrenchment, whereby an employee volunteers and agrees to be retrenched and subsequently waives his or her rights arising from the termination of his or her services. Upon starting with the retrenchment process as prescribed by Section 189 of the Labour Relations Act 66 of [...]

2021-07-15T21:50:30+02:00July 15th, 2021|General|Comments Off on Voluntary Retrenchments

Effective negotiations on the factory floor

Consolidated Employers Organisations' theme for the month of July is how best to resolve collective bargaining disputes.  In our previous article, we addressed building an effective collective bargaining relationship with trade unions or worker representatives.  This article focuses on some key aspects that must be considered when the employer and trade union meet around the [...]

2021-07-12T13:15:50+02:00July 12th, 2021|General|Comments Off on Effective negotiations on the factory floor

Under the Influence in the Workplace

Reporting for duty under the influence of alcohol, whether intoxicated or not, may constitute misconduct in terms of Schedule 8 of the Code of Good Practice of the Labour Relations Act.   Whether or not the misconduct warrants a dismissal remains a bigger problem for employers who adopt a gung-ho approach to under-the-influence on-duty cases, only [...]

2021-07-07T12:10:39+02:00July 7th, 2021|General|Comments Off on Under the Influence in the Workplace

Collective Bargaining – Building an effective relationship with the Trade Union

The right to strike is something that is entrenched in South African legislation, however, parties sometimes fail to consider the negative effects that a strike may have on employers and employees. Thus it is often of benefit to both parties to try to resolve disputes internally before approaching bodies such as the CCMA or Bargaining [...]

2021-07-05T13:25:08+02:00July 5th, 2021|General|Comments Off on Collective Bargaining – Building an effective relationship with the Trade Union

The effect of a Certificate of Outcome on Jurisdiction

In proceedings before the CCMA and Bargaining Councils, the concept of jurisdiction refers to the authority of the CCMA and councils to conciliate and arbitrate disputes between the parties. In terms of Section 135 of the Labour Relations Act, when conciliation has failed, the commissioner must issue a certificate of outcome stating that the dispute [...]

2021-07-02T11:34:16+02:00July 2nd, 2021|General, Labour Relations Act|Comments Off on The effect of a Certificate of Outcome on Jurisdiction
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