In terms of the Employment Equity Act (section 60) an employer can be held liable for sexual harassment perpetrated by one employee against another if a number of requirements have been met. The sexual harassment, for instance, must take place at the work place and the employer must be aware of harassment. The employer will also be liable if it failed to take all reasonable and practical measures to ensure […]
In some cases, employees may be reluctant to give evidence in disciplinary proceedings or arbitration proceedings. But this reluctance is not enough it is only where there is a real possibility of intimidation or if a witness fears for his or her safety that the possibility of in camera testimony arises. This will then mean that only the witness and the arbitrator will be in the room, and the arbitrator […]
An employee who refuses to work is guilty of misconduct and may face disciplinary action. However, in some limited cases, employees do have the right to refuse to work. This right is provided by legislation and protects employees who refuse to work if they reasonably believe that the workplace has become a threat to their health or safety or if they reasonably believe that the workplace has become a threat […]
The objective of collective bargaining between an employer and organized labour is to reach agreements that are legal and binding in terms of which their relationship is formalised and wages and conditions of employment are fixed for set periods. Collective agreements differ from individual contracts of employment in that employment contracts are entered into between an individual and his or her employer and establish personal rights and obligations. Collective agreements […]
A dispute about an employer and an employee heads for arbitration; during the course of arbitration the parties settle the matter and the settlement agreement is accordingly made an arbitration award. But the employee not only persists with the misconduct but also tells everyone about what happened at the arbitration proceedings. The employer takes the view that the employee has breached the settlement agreement and refuses to implement it. Could […]
Retrenchment Matters The Labour Relations Act requires and employer to consult with an employee when it contemplates a dismissal for operational requirements. Both the employer and the employee are required to seek consensus on alternative measures to avoid the dismissal or to mitigate the adverse effect of a dismissal. This goes both ways, however, and an employee also has a duty to cooperate with the employer when retrenchment is considered- […]
It is clear by now that not each and every instance of sexual harassment warrants dismissal. Naturally, sexual harassment is constitutes serious misconduct, and, in most cases, employers would be quick to dismiss if the offence has been proven on a balance of probabilities. But it seems that employers should first consider their other options and read their own policies. In a recent CCMA arbitration award, the commissioner concluded that […]
The Disciplinary Eenquiry The Disciplinary Eenquiry What happens if an employee simply walks out of the disciplinary enquiry? Does this mean that the employee has effectively pleaded guilty or does it mean that the employee has given up his or her right to an enquiry altogether? Some employees believe that by doing so, they are shooting down the entire process and that they can then later claim that the dismissal […]
Some employees, as a matter of principle, are to do what it takes to report improprieties, corruption and criminal activities in the workplace either to their employer or to some other institution or person. Blowing the whistle requires bravery on the part of the employee, because there is the real possibility that the employer will respond to a disclosure by dismissing the employee or subjecting him or her to some […]
Almost every employer has a grievance procedure. But the fact that this procedure is tucked away in the employer’s policy manual is not enough for employees must feel that they can lodge a grievance without fear of victimization or punishment. Not only must grievances be managed appropriately, but the grievance procedure also needs to be managed. The fact that no grievances are lodged does not mean that there are none. […]
