dispute resolution

What the … Default Award?!

It is often the case that an Employer returns from the festive season break or a period of leave, fully recharged and ready to get back to work. Then “boom”, a former employee knocks on the door with an order obtained during an Arbitration, which the Employer was absent from due to being completely unaware. [...]

2023-03-15T09:28:08+02:00March 15th, 2023|Arbitration, Labour Relations Act|Comments Off on What the … Default Award?!

Can an Arbitration Award be enforced despite pending Review proceedings?

Arbitration Awards are binding & remain enforceable despite an application to the Labour Court for Review. Once a CCMA matter has been arbitrated, the Commissioner will issue an Arbitration Award within fourteen (14) days. CCMA Awards are final and binding, and there is no Appeal process regarding Arbitration Awards. They are, however, subject to Review [...]

2023-03-13T09:42:45+02:00March 7th, 2023|Arbitration|1 Comment

Left high & dry!

Since the Constitutional Court’s judgement in Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC) declaring the decriminalisation of the use, possession and cultivation of cannabis by an adult in a private place for their personal consumption, there seems to be a high belief that employers can [...]

2023-03-01T14:55:27+02:00March 1st, 2023|Dismissal|Comments Off on Left high & dry!

What are the consequences if an employer fails to report an injury on duty?

It is common cause that when an employee gets injured during the course of employment, it will be classified as an injury on duty. Any employer with one or more employees employed must register with the Compensation fund. The Compensation fund for Occupational Injuries and Disease Act (COIDA) 130 of 1993 regulates and enforces the [...]

2023-05-18T12:39:08+02:00February 27th, 2023|General, Theme|1 Comment

But I filed an Objection?!

The practice in a Con/Arb process was that, to separate the two (2) processes; a party should file an objection to Con/Arb at least seven (7) days prior to the hearing date. To refresh one’s memory, the Con/Arb process is where the Arbitration commences immediately after the Conciliation if the Conciliation process is unsuccessful. Commissioners [...]

2023-02-21T13:27:30+02:00February 21st, 2023|Arbitration|Comments Off on But I filed an Objection?!

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?

Disciplinary action & the withholding of benefits, do I sense double jeopardy?

When an employee commits misconduct, the employer must take disciplinary action against that employee. In some cases, employers also deduct the employee’s remuneration or withhold certain benefits as punishment. Can this be regarded as double jeopardy? Is an employee being punished twice for the same offence? In Solidarity obo K Oelofse vs Armscor (Soc) Ltd [...]

2023-02-14T15:15:59+02:00February 14th, 2023|General|Comments Off on Disciplinary action & the withholding of benefits, do I sense double jeopardy?

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

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|Comments Off on An employer appointed an employee with a fake degree; what now?

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?
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