CCMA

An employer appointed an employee with a fake degree; what now?

Specific job requirements demand that the candidate possess a particular degree or qualification. What can an employer then do if it is discovered, after the appointment, that the qualification is fake or has been forged by the employee? Before answering this question, students and job seekers should be aware of the new National Qualifications Framework [...]

2023-02-07T14:04:11+02:00February 7th, 2023|General|0 Comments

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 [...]

2023-02-06T13:36:23+02:00February 6th, 2023|General|0 Comments

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

Risk of a verbal dismissal and the denial thereof

Some employees and employers who are not affiliated with any labour consultancy, employer organisation or trade union may need to be better informed about the steps or processes that need to be followed when one of the parties wants to terminate the employment relationship. In some cases, employers may find themselves in situations where employees [...]

2023-01-23T09:20:04+02:00January 23rd, 2023|Dismissal|Comments Off on Risk of a verbal dismissal and the denial thereof

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?

It’s all about the procedure followed – How failing to follow the correct procedure prior to dismissal may land an employer in hot water

A situation that many a naïve employer has sat with at the Commission for Conciliation, Mediation and Arbitration (CCMA) or another relevant forum, is that of being confronted by a situation whereby they have dismissed an employee for legitimate and serious misconduct. Yet, they are informed by the relevant forum that they need to consider [...]

2023-01-12T13:54:11+02:00January 12th, 2023|Dismissal|Comments Off on It’s all about the procedure followed – How failing to follow the correct procedure prior to dismissal may land an employer in hot water

A peak behind the curtains of the credibility of witness testimony

In a perfect world, the law would always resonate with the person who abides by it, who is right and just, and who speaks the truth. However, the harsh reality of any legal dispute, whether in criminal or labour law, is that It's not always about the principle of who is wrong and who is [...]

2023-01-10T14:31:08+02:00January 10th, 2023|General|Comments Off on A peak behind the curtains of the credibility of witness testimony

But I worked two Sundays this month – I haven’t been paid correctly!

Even with the quick progression of technology and better record-keeping systems when it comes to employee hours and work done, there nonetheless still exists numerous disputes that arise as a consequence of overtime and Sunday hours worked by an employee. As a general rule, the ordinary hours worked and any overtime or Sunday hours worked [...]

2023-01-09T12:10:21+02:00January 9th, 2023|Contracts|Comments Off on But I worked two Sundays this month – I haven’t been paid correctly!

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
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