The notion of a reasonable expectation calls for an objective inquiry to determine whether the facts proved would lead a reasonable employee to expect renewal. Facts relevant to that inquiry include the terms of the contract, the past practice of renewals, the nature of the work, the reason for fixed-term, any assurance that the contract would be renewed and failure to give reasonable notice of non-renewal of the contract. The […]
Applicant dismissed for failing to reach targets without being given reasonable opportunity to improve – dismissal unfair. A sales consultant was dismissed for consistently failing to reach his sales target. He claimed that the target was unreasonable, that he had not been given sufficient time to close sales and that the downturn in the economy had made selling the respondent’s products more difficult. The respondent maintained that the applicant had […]
Second Enquiries: The double jeopardy rule means that an employee cannot be subjected to a second disciplinary enquiry after he has been acquitted after the first enquiry. But this rule is not absolute – fairness may justify the employer’s holding a second enquiry and indeed then finding the employee guilty and dismissing the employee. But whether a second enquiry would be fair depends on the circumstances. For further information on […]
Must be treated as employees, and are entitled to protection under the South African labour legislation. Whatever the reason for a suspension, employers remain liable to pay suspended employees. Suspension of foreigners without valid work permits fall within the scope of the CCMA’s unfair labour practise jurisdiction. CONTACT CAPE LABOUR. For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and […]
Disciplinary Sanction Selection (or penalty) is a critical final step in disciplinary hearings when an employee has been found guilty. It is possible that an employer proves an employee’s guilt yet a subsequent dismissal is held to be unfair on grounds that the sanction of dismissal is too harsh. It is not uncommon for the CCMA, or a bargaining council, to hold that the punishment does not fit the crime. […]
CCMA commissioners and bargaining council arbitrators are expected to be impartial when hearing arbitrations. Parties have the right to be treated consistently and evenly, and if a commissioner treats one party differently, there may be justifiable grounds for concluding that the commissioners had forsaken his impartial role and climbed into the arena to support one of the parties. The Labour Relations Act empowers commissioners to take a much more interventionists, […]
Respondent declining to renew fixed term contract after repeated renewals without consulting applicant. The applicant had a reasonable expectation that his contract would be renewed. The more frequently the employer renews a fixed term contract, the more likely it is that an employee will acquire such an expectation. The mere fact that the contract contains a clause saying that its renewal should not be construed as creating an expectation of […]
Did you know that False CVs are submitted to employers daily. Employees render themselves guilty of gross dishonesty when submitting a false CV to a potential employer, and this will typically undermine the trust relationship. The mere existence of misrepresentation does not constitute dishonesty or grounds for dismissal. The nature of the misrepresentation or omission must first be closely examined to determine whether or not it is material. CONTACT CAPE […]
Employers bear the onus in disciplinary cases. Put differently, an employee can be found guilty only by virtue of the fact that the employer complainant has proved the employee’s guilt to the chairperson, not by virtue of the fact that he or she is not guilty. Second, guilt is established on the probabilities, not on the absence of reasonable doubt. So far a chairperson to find an alleged offender guilty, […]
What does Dismissal mean? an employer has terminated a contract of employment with or without notice; an employee reasonably expected the employer to renew a fixed-term contract of employment on the same or similar terms but the employer offered to renew it on less favorable terms, or did not renew it; an employer refused to allow an employee to resume work after she took maternity leave in terms of any […]
