General

Unauthorised use of Company Property and the Employers Recourse

In general, when employers make property available to employees, it should be for work-related purposes and for the furtherance of their duties in the workplace. Employees may obtain permission from the employer to use company property for other purposes. Company property can be highly valuable and important for the proper running of business. It is, [...]

2019-02-08T12:30:02+00:00February 8th, 2019|General|Comments Off on Unauthorised use of Company Property and the Employers Recourse

The Con/Arb Process and the Objection thereof

Primarily the CCMA has two main processes, namely Conciliation and Arbitration.   At Conciliation an attempt will be made for the parties to reconcile their differences and settle the dispute between them. This settlement and terms thereof are at the discretion of the parties involved, being the Applicant (Employee) and the Respondent (Employer). Should the [...]

2019-01-11T11:08:48+00:00January 11th, 2019|General|Comments Off on The Con/Arb Process and the Objection thereof

Constructive Dismissal – An Objective Test

Constructive dismissal is a statutory form of dismissal which is defined by Section 186 (1)(e) of the Labour Relations Act (LRA), as the termination of the contract of employment by the employee with or without notice due to the fact that the employer had made the continued employment relationship intolerable for the employee.   The [...]

2018-12-10T10:58:20+00:00December 10th, 2018|General|Comments Off on Constructive Dismissal – An Objective Test

Unfair Discrimination on an Arbitrary Ground

Section 6(1) of the Employment Equity Act, as amended states that: No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, [...]

2018-12-03T14:06:22+00:00December 3rd, 2018|General|Comments Off on Unfair Discrimination on an Arbitrary Ground

MEIBC – Publication of the Pension and Provident Fund Agreements

Please note that the MEIBC’s Pension / Provident Fund Agreements have been gazetted which extends the agreements to non-parties within the industry.  Please also note that CEO and its members have been a party to these agreements since 06 June 2016. Click on links below to view the Agreements: Pension Fund Agreement Provident Fund Agreement

2018-11-27T11:00:49+00:00November 27th, 2018|General, Latest News|Comments Off on MEIBC – Publication of the Pension and Provident Fund Agreements

Double Jeopardy

When an employee causes damage to the property of the employer or the employee causes the employer to suffer a loss, the employer might find themselves in a position where they would not only want to take disciplinary action against the employee, but also recover the loss or damage suffered.   This then begs the [...]

2018-11-16T10:26:41+00:00November 16th, 2018|General|Comments Off on Double Jeopardy

Incarcerated Employees have Rights

It happens quite often that an employee gets arrested for alleged criminal activities and/or is found guilty of criminal activity and ultimately incarcerated. Some employers then erroneously deem the employer/employee relationship to be automatically terminated. Unfortunately, an employee does not dismiss himself should he be incarcerated.   It is no employer’s wish to be associated [...]

2018-11-02T10:38:57+00:00November 2nd, 2018|General|Comments Off on Incarcerated Employees have Rights

Dismissal for Misconduct and the onus at the CCMA: Workplace Rules

In dismissing an employee, the dismissal should have two fundamental characteristics. The dismissal should be substantively fair, this meaning that the Applicant should be dismissed for a good reason. The dismissal should also be procedurally fair, there should have been a fair internal process/hearing of which the Applicant had enough prior knowledge and also had [...]

2018-10-26T09:25:59+00:00October 26th, 2018|General|Comments Off on Dismissal for Misconduct and the onus at the CCMA: Workplace Rules

Disclosure of Relevant Documents (Rule 29 of the CCMA Rules)

Employers are aware of the two processes at the CCMA, namely conciliation and arbitration. Conciliation is a means of attempting to conciliate and settle the matter before the next process, namely Arbitration, follows.   Both the Applicant-employee and the Respondent-employer can request that the Arbitration does not proceed immediately after a Conciliation process has failed.  [...]

2018-10-19T11:01:00+00:00October 19th, 2018|General|2 Comments