Functions of the CCMA The CCMA’s statutory functions are set in the Labour Relations Act, 66 of 1995 (the LRA), are divided into those which are compulsory and those which are discretionary. The CCMA’s compulsory statutory functions are to – • Conciliate workplace disputes; • Arbitrate certain categories of disputes that remain unresolved after conciliation; • Establish picketing rules; • Facilitate the establishment of workplace forum and statutory councils; • […]
The CCMA (Commission for Conciliation, Mediation and Arbitration) is an independent body established by law to carry out a range of dispute resolution and prevention functions. The CCMA’s vision is to promote social justice and economic growth through the transformation of workplace relations. WHAT DOES THE CCMA DO? The CCMA: • Conciliation workplace disputes; • Arbitrates disputes that remain unresolved after conciliation; • Offers advice and training on a variety […]
What is the appropriate sanction for sexual harassment at Work? In most cases, an employer would simply convene a disciplinary enquiry, and if the facts are indeed proven, dismiss the employee who is found guilty of sexual harassment at work. Sexual Harassment at Work Information Sexual harassment is the most heinous misconduct that plagues a workplace; not only is it demeaning to the victim, it undermines the dignity, integrity and self-worth of […]
The Plight of Domestic Workers Generally, the plight of domestic workers are seen to be an exploited sector and such exploitation is continuing unabated today. Despite the legislation that has been promulgated to protect domestic workers since 1992, the laws are being flouted as can be seen in the Domestic Worker Sector blitz carried out by the Labour Inspectors of the Department of Labour in the Western Cape, during the […]
Employment Contracts An employer may rely on fixed term employment contracts to provide it with the flexibility it wants. After all, these contracts are neat and tidy: they begin at a certain point and end at a certain point often, no notice of termination is necessary as the contract determines its own termination. But as useful as these contracts may be, their termination may well contain a considerable sting in […]
IS AN ESTATE AGENT AN EMPLOYEE? Perhaps it’s the use of the word “agent”, but we often seem to regard estate agent not as employees. Instead, relying on the language, we regard them as being independent contractors. This may be misleading, as a recent decision of the Labour Court shows. At the beginning of conciliation procedures in respect of an unfair dismissal, the estate agency objected and said that the […]
LRA’S Dispute Resolution Processes One of the most important functions of a bargaining council is the resolution of disputes between an employer and an employee. But what happens if the employer and the employee also agree, in the contract of employment, that any dispute that arises between them will be referred to private arbitration? Would this mean that the bargaining council would no longer have jurisdiction to arbitrate a dispute […]
REFUSING TO SIGN A WARNING Employees must sign for all kinds of things they must sign, for instance, that they received a warning or sign that they have received the Notice of a disciplinary enquiry. But what happens if an employee refuses to do so? The solution, in most cases, is simple: simply have a witness sign that the warning was given to the employee, but that the employee refused […]
A representative, be it an attorney, an advocate or consultant, is there to represent a party to the best of his abilities. At all times, it is necessary for the representative to keep basic good manners in mind. If the representative stoops to insulting, disparaging or belittling a CCMA commissioner or a bargaining council arbitrator, that representative may well be found guilty of contempt in terms of the Labour Relations […]
For the most part, we don’t think of suspension as being problematic especially when the suspension is used in a preventative way before the employee is heard in the disciplinary enquiry. After all, what could the problem be given that the employee is on full pay, yet does not have to work. This paid-for vacation may last for many months or, in some cases, even years. But the Labour Court […]