The promotion of employees within the workplace environment is a discretion enjoyed by employers to exercise as they see fit. It is generally accepted that the exercise of this discretion by the employer should not be infringed on lightly. In other words, employers should not be told whom they may or may not promote. [...]
The test for reviewing and setting aside an Award of the Commission for Conciliation Mediation Arbitration (CCMA) or that of a National Bargaining Council is whether the decision reached by the Commissioner/Arbitrator is one that no other reasonable decision-maker could have reached. This proposition has been articulated so often that it is now trite. [...]
The year 2023 stands as a testament to the trials and tribulations private business owners have endured. Besieged by the dual nightmares of incessant load-shedding and a less-than-stellar economy, further aggravated by a contentious National Minimum Wage adjustment, the resilience of South African Small, Medium, and Micro Enterprises (SMMEs) is being sorely tested. Stirring [...]
In an Arbitration relating to misconduct, a Presiding Commissioner must ultimately determine whether the sanction issued at the disciplinary hearing was fair and appropriate. The Guidelines on Misconduct Proceedings, published by the Commission for Conciliation, Mediation and Arbitration (CCMA), state the following: “The test is whether the Employer could fairly have imposed the sanction [...]
Usually, in this article segment, Consolidated Employers Organisation (CEO) would post an article on a pressing or current issue in the employment law arena or some recent development in case law or the like. While the updates or legal guidance provided and expressed in these pieces are invaluable to our Members, insight should be [...]
It does happen that Employers find themselves being requested to attend the Commission for Conciliation, Mediation and Arbitration (CCMA) for a case but are unable to do so. This could be for many reasons, and as a result, Employers can request that their case be postponed to a more suitable date and time. Although [...]
Many scenarios may come to mind when one thinks of the word “strike”. However, few have considered how this action affects an Employer and their business. The Labour Relations Act (LRA) defines a strike as “the partial or complete concreted refusal to work, or the retardation or obstruction of work, by persons who are [...]
As an Employer in South Africa, you may have received a call from an Official requesting your mandate to settle a dispute referred to the Commission for Conciliation, Mediation, and Arbitration (CCMA). This can be confusing and even frustrating, especially if you already have legal representation, feel you have a good case or are [...]
Polygraph tests are often used by Employers when contemplating disciplinary action. However, the age-old questions must be asked, “Can an Employer dismiss an Employee solely for failing a polygraph test? Under what circumstances can it be used? And when can an Employer rely on the results of a polygraph test?” In answering these questions, it [...]
Historically, there has always been unequal bargaining power between Employers and Employees. Employers are seen as having greater authority in the workplace, and the rights as conferred in the Labour Relations Act (LRA) are necessary to level the playing field. Section 23 of the Constitution of the Republic of South Africa gives everyone the right [...]