The (LRA) obligates employers to do everything humanly possible to avoid the dismissal of ill or injured employees. Find out here what this means for you For further information on Unfair Dismissal or any labour related matters, you can contact Bernard Reisner: W.Tel no.: 021 423 3959 Fax: 021 423 2105 Cell: 082 433 8714 E-mail: bernard@capelabour.co.za Website: www.capelabour.co.za
Employers frequently complete disciplinary hearing charge sheets poorly without properly outlining the specific components of the allegations being levelled against an employee. Employers often accuse employees of acts of misconduct which, in fact, cannot be proved. An employer’s assumptions or suspicions are of no value if they cannot be proved on the balance of probabilities as is required. The amount of information contained in misconduct “charge sheet” is normally referred […]
An employee may well be obliged to report knowledge of dishonest activities on the part of his or her co-workers. If an employer knows that some fellow employees are stealing from the employer, for instance, the employee’s failure to share that knowledge with the employer may well lead to the employee’s dismissal. For further information on Unfair Labour Practice or any labour related matters, you can contact Bernard Reisner: W.Tel […]
South African law similarly recognises the right of an employer to take action against an employer where the employee’s private actions impact on the employment relationship. The employer may discipline an employee who cause harm to the company by making remarks about the company, its products, service or staff on social media networks. The test used to establish whether the employer may take action is whether the conduct hampers the […]
Absenteeism of any kind, and the handling thereof, is based on the operational difficulties it causes and the ability of the organisation to cope with them. If the employee’s absenteeism is causing real operating problems, then the employee could be dismissed even though he or she still has a sick leave available in his or her cycle. CONTACT CAPE LABOUR. For more information on labour law advice or services. Please […]
In addition to being issued and signed by medical practitioner, the BCEA importantly requires that the certificate should specify that the employee was too ill, or injured, to work for the entire period of his or her absence. A valid medical certificate should also: 1. Show the date on which it was issued. 2. Show the date on which the employee was examined. 3. Stipulate whether the medical practitioner or […]
Those facing retrenchment or retirement can look forward to better tax breaks from this year, with retrenchment or retirement tax-free payments increasing from R30, 000.00 in a lifetime to R315, 000.00, effective from the 2012 tax year. In other words, all retrenchment payments, plus retirement payments, plus lump sum payments from a pension or retirement fund on retirement or death are tax-free until the combined total of such payments reaches […]
An employee’s failure to disclose information that would assist the employer’s investigation amounted to derivative misconduct. In cases where derivative misconduct is alleged, an employer must show that the employee knew or could have acquired knowledge of the misconduct and that the employee unreasonably failed to disclose this knowledge to the employer. An employee’s reticence in disclosing helpful information may lead to the interference that the employee has something to […]
More on: Hostile or Adverse Witnesses A party to an arbitration hearing may experience a “hostile/adverse witness” dilemma. A hostile witness is a witness who acts towards the party for whom they are testifying, in a manner which is inconsistent with their earlier preparatory preparation. A hostile witness may also be a witness who is antagonistic towards the party for whom they are testifying. When faced with a hostile witness […]
The Commission for Conciliation, Mediation and Arbitration (CCMA) marked 15 years of existence. The primary role is to settle labour disputes amicably which contribute toward labour peace. The CCMA has an admirable record that reflects the reality that the demand and need for CCMA services is increasing steadily. This is unlikely to change, given the latest dismal projections about economic growth and job creation prospects. CONTACT CAPE LABOUR. For more […]