Employers all too often initiate a disciplinary procedure without first establishing that they are faced with a case of misconduct. For it is only cases of misconduct that can be dealt with by way of a disciplinary hearing procedure. It follows that one will never know for sure whether a disciplinary process is in fact the correct process to follow in any given set of circumstances, unless a prior assessment […]
On June 15 the minister of labour issued a revised Code of Good Practice on HIV and Aids and the World of Work, which amends the Code of Good Practice on Key Aspects of HIV and Aids and Employment to align it to the International Labour Organisation’s recommendations. The primary objective of the code is to provide guidelines to help employers develop workplace policies and programmes eliminating unfair discrimination, promoting […]
Off-Duty Misconduct Employers can discipline employees for off-duty misconduct or non-work-related conduct depends on various factors. The employer must show that the impact and consequences of such conduct negatively affect the business or its reputation and employment relationship. Employees should appreciate that their after-hours conduct can negatively affect the relationship with their employers. Employers faced with questionable conduct of employees should establish that there is a link between the conduct […]
The CCMA makes numerous default arbitration awards daily, on grounds that the employer was not present at an arbitration hearing which it had apparently been timeously and properly notified of. There are many reasons an employer may not appear at an arbitration hearing. For example, the employee may have furnished the CCMA with the employer’s incorrect address and/or fax number. An employer faced with a default arbitration award would normally […]
The Basic Conditions of Employment Act (BCEA) increases by 6.4 percent from 01 July 2012. Employers need to review their contracts of employment or they may unintentionally grant their employees contractual rights over and above the statutory ones. The earnings threshold is to increase from R172, 000.00 a year to R183, 000.00 a year. The earnings threshold in act operates to exclude employees earning above the threshold from certain BCEA […]
The Youth Wage subsidy is an amount to be paid towards the wages or salary of first-time workers. The subsidy is being discussed at the National Economic Development and Labour Council (Nedlac). The council includes labour, business and government and the DA says Cosatu is blocking approval. It is thought the subsidy could provide jobs to almost 500.00 youth. Youth Wage Subsidy: Target group: Eligible to all 18-year-old South Africans […]
What exactly are Bargaining Councils? Trade unions and employers’ organisations may form bargaining councils. Bargaining councils deal with collective agreements, solve labour disputes, establish various schemes and make proposals on labour policies and laws. Powers and Functions: • make and enforce collective agreements; • prevent and resolve labour disputes; • establish and manage a dispute resolution fund; • promote and establish training and education schemes; • establish and manage schemes […]
All you need to know about reinstatement Reinstatement is the primary remedy provided in the Labour Relations Act for substantively unfair dismissals. Where an employee seeks reinstatement following a substantively unfair dismissal, the employer can only escape reinstatement being awarded where (1) the circumstances surrounding the dismissal make the continued employment relationship intolerable or(2)it is not reasonably practicable for the employer to reinstate or re-employ the employee. For further information […]
Resignation letter sample A resignation letter is written by an employee who no longer wants to work for his current company. The resignation letter informs the employee about his decision citing reasons and the date from which he would like to resign. The resignation letter is normally addressed to the immediate superior or the personnel department of the company. View the resignation letter sample
What is Constructive Dismissal? Constructive dismissal is defined as a situation in the workplace created by the employer whereby the employer makes work-life extremely difficult for an employee – to such an extent that the employee has no other option available but to resign.” In fact the employee would have continued the employment relationship indefinitely had it not been for the employer’s unacceptable conduct. When any employee resigns and claims constructive dismissal, the employee is […]