agreement

Whose Mandate Is It Anyway?

Settlement agreements are an integral part of the dispute resolution process. Whenever there is a dispute, whether in the CCMA or internally in the workplace, the parties to the dispute are encouraged to settle disputes to avoid drawn-out and costly dispute processes. Parties can negotiate independently or get representatives to negotiate on their behalf. In [...]

2023-12-13T10:40:00+02:00December 13th, 2023|General|Comments Off on Whose Mandate Is It Anyway?

Why do employers fail to issue UIF documentation and service certificates to employees?

It frequently happens that employers are required to attend the Commission for Conciliation, Mediation and Arbitration (CCMA) under the auspices of referrals, such as Section 73A disputes, which can sometimes be quickly resolved by providing the employee with their UI19 documents and certificate of service. These issues can be very inconvenient for an employer as [...]

2023-05-18T12:40:38+02:00February 20th, 2023|General, Theme|Comments Off on Why do employers fail to issue UIF documentation and service certificates to employees?

Unlawful deductions when employees are dismissed

Upon termination of the employment relationship between an employer and an employee, a final payslip will be issued to the employee, which may indicate certain deductions. These deductions are often met with dissatisfaction and misunderstanding from employees who tend to seek some form of relief. Although certain deductions to an employee’s salary are permitted, employers [...]

2023-05-18T12:41:56+02:00February 9th, 2023|General, Theme|Comments Off on Unlawful deductions when employees are dismissed

What statutory monies does an employer owe an employee upon dismissal?

There is a common misconception that when an employee is dismissed due to misconduct, the employee has no entitlement to any statutory monies. This misconception, however, needs to be corrected. Section 73A(1) of the Labour Relations Act (LRA) determines that: “Despite Section 77, any employee or worker, as defined in Section 1 of the National [...]

2023-05-18T12:43:05+02:00February 6th, 2023|General, Theme|Comments Off on What statutory monies does an employer owe an employee upon dismissal?

Keeping tabs: The importance of proper record keeping in business

The requirement for record-keeping arises from the Basic Conditions of Employment Act (BCEA), wherein Section 29, read with Section 31, provides that an employer must keep a record of the terms and conditions of employment for each employee. The Act further provides that employers must record the working hours of all employees in an attendance [...]

2023-01-30T13:11:14+02:00January 30th, 2023|General|Comments Off on Keeping tabs: The importance of proper record keeping in business

Shining a light on employee moonlighting

Employees are contractually obliged to render their services to their employer during the agreed-upon working hours as captured in the employment contract. The employee, in return, is free to pursue their commercial interests outside the agreed-upon working hours. One crucial consideration to bear in mind, however, is the employee's implied duty to serve the employer [...]

2023-01-24T13:16:14+02:00January 24th, 2023|General|Comments Off on Shining a light on employee moonlighting

Sexual harassment by an employee of a service provider – does the CCMA have jurisdiction to hear the dispute?

The EEA requires employers to take reasonable steps to prevent and respond to sexual harassment within the workplace. The Commission for Conciliation, Mediation and Arbitration (CCMA) has jurisdiction over complaints related to sexual harassment in the workplace. When an employee believes that they have been subjected to sexual harassment, they can refer their complaint to [...]

2023-01-19T09:32:35+02:00January 18th, 2023|General|Comments Off on Sexual harassment by an employee of a service provider – does the CCMA have jurisdiction to hear the dispute?

You’ve deserted, and this time you don’t get a hearing

Readers who frequent the Consolidated Employers’ Organisation (CEO) blog space will know by now that an employer must follow the necessary desertion procedures in cases where an employee does not report for duty. In Machaya v Bader SA (Pty) Ltd, a recent Commission for Conciliation, Mediation and Arbitration (CCMA) matter, the Applicant referred an unfair [...]

2023-01-04T09:16:55+02:00January 4th, 2023|General|Comments Off on You’ve deserted, and this time you don’t get a hearing

The conversation, after a warning

The workplace is regulated by a set of rules and directives that guide the efficiency of the business and the stability of the employer-employee relationship. Often, when an employee has stepped out of line either by act or omission, the employer may issue a warning. The very essence of a warning is to bring to [...]

2022-12-12T14:27:26+02:00December 12th, 2022|General|Comments Off on The conversation, after a warning

The Employer did not follow any procedure prior to the dismissal

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 [...]

2022-12-06T13:21:21+02:00December 6th, 2022|Dismissal|Comments Off on The Employer did not follow any procedure prior to the dismissal
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