General

CCMA Rule 37: Subpoena

A subpoena is a formal request to produce documents, or a request to appear in legal proceedings. It is an ordered command that essentially requires you to appear at the commission, testify or present evidence that may help support the facts that are in dispute in a pending case.   What is the purpose of [...]

2019-04-18T09:18:32+02:00April 18th, 2019|General|0 Comments

May an employer overturn the decision of a chairperson?

What should happen in the circumstances when a chairperson in a disciplinary hearing finds an employee not guilty of serious misconduct, while senior management believes the employee should have been found guilty? Alternatively, the employee is found guilty, but the sanction recommended by the chairperson is short of a dismissal. Is it possible for management [...]

2019-04-12T14:02:11+02:00April 12th, 2019|General|Comments Off on May an employer overturn the decision of a chairperson?

What are the rights a director is entitled to as an employee?

Defined in section 213 of the Labour Relations Act 66 of 1995 (as amended), it is stipulated that an employee is regarded as any person, excluding an independent contractor, who works for another person or the State and who receives or is entitled to receive any remuneration.  Or alternatively, any other person who in any [...]

2019-04-05T11:42:44+02:00April 5th, 2019|General|Comments Off on What are the rights a director is entitled to as an employee?

Organisational rights in the workplace and the requirements thereof

Organisational rights can best be described as a trade unions’ request made in writing, to represent employees in a workplace on a variety of different rights. Sections 12,13,14,15 and 16 of the Labour Relations Act 66 of 1995, dictate the most commonly sought rights by unions namely; access to the workplace, deduction of union levies, [...]

2019-03-29T13:01:32+02:00March 29th, 2019|General|Comments Off on Organisational rights in the workplace and the requirements thereof

The extension of the CCMA’s jurisdiction – Section 73A of the BCEA

It has been nearly three months since the legislature has signed into law the Labour Relations Amendment Act (LRAA), Basic Conditions of Employment Amendment Act (BCEAA) and the National Minimum Wage Act (NMWA).   The BCEAA introduced several measures to enforce its provisions, including that of section 73A. The aforementioned section constitutes a significant extension [...]

2019-03-27T14:45:10+02:00March 22nd, 2019|General|Comments Off on The extension of the CCMA’s jurisdiction – Section 73A of the BCEA

The employment of foreign nationals in South Africa

When it comes to the provisions of the employment of a foreign national, the key Act’s concerning this practice is the Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014.   Section 38 of the Immigration Act clearly states that no person shall employ an illegal foreigner, a foreigner whose status [...]

2019-03-01T11:02:18+02:00March 1st, 2019|General|Comments Off on The employment of foreign nationals in South Africa

Employers recourse against employees who give 24 hours notice

It may happen from time to time that an employee resigns and gives his or her employer 24 hours’ notice. This may leave the employer in a difficult situation where they have to incur costs to re-advertise the vacant post, spend time training the new employee and getting the new employee up to standard in [...]

2019-02-15T09:24:49+02:00February 15th, 2019|General|Comments Off on Employers recourse against employees who give 24 hours notice

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+02:00February 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+02:00January 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+02:00December 10th, 2018|General|Comments Off on Constructive Dismissal – An Objective Test