Arbitration Proceedings Most commissioners and private arbitrators would follow the age-old rule that people who are going to give evidence should not be permitted to sit in during the arbitration proceedings. There is another rule of thumb to the effect that a representative should not also give evidence. But are these rules absolute? The Labour Court has held that the fact that a witness was present in the proceedings should […]
When it comes to the difficult question of who is an employee, it is always about relationships and these relationships can be quite complex. It all comes down to the question of who does what, who controls what and how people are paid for what they are doing. But is it mainly a question of control over someone’s activities that is the decisive factor? In a recent CCMA arbitration award […]
In these times, many people are desperate for a job, and they may go to some length to secure employment. Even if it means embellishing their job applications or CV’s, or simply leaving out relevant information. In a recent CCMA arbitration award the employee failed to disclose that he had been employed by the same employer a couple of years previously, and that he resigned while an investigation into his […]
The question often arises in the context of termination of employment: How long is a calendar month? Does it mean that the employee must give notice on the first day of a month to end the contract on the last day of the month? Or can an employee give notice on 08 January with the effect of ending the employment contract on 08 February? This is an issue the Labour […]
Employees often think they are beyond the reach of the employer’s power to discipline them if the misconduct is committed outside working hours and off the employer’s premises. But this is clearly not the case. An employee can still be disciplined. For further information on 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: […]
An employee leaves a sealed letter of resignation on his manager’s desk. His manager knows what is in the envelope, but because he has other pressing business to attend to, he leaves the letter where it is. The employee cools down, explains that he resigned in haste, and retrieves his resignation letter, still unread and still sealed. Can it be said that the employee resigned, or does the resignation only take […]
What happens if an employer transfers a business as a going concern to a new employer? Section 197 of the Labour Relations Act provides that the employees are transferred with the business and the new employer steps into the shoes of the old employer. But what happens if the business is then transferred yet again? This would be a second generation outsourcing, and for some time the question has risen […]
“If an employee for a position misrepresents and/ or qualifications and is appointed to a position on the basis of such a misrepresentation, there is, in my view, no duty on the employer to provide such an employee with counselling, training or assistance. An employee who misrepresents his/her qualifications or experience is dishonest and is not entitled to be appointed to a position in the first place. An employment relationship […]
Employers invariably expect the outcome of a disciplinary enquiry to be the dismissal of an employee. But what happens if the employer does not agree with the sanction imposed by an external chairperson? Can the employer substitute its own sanction without calling another disciplinary enquiry? The employer has the right to do so. For further information on any labour related matters, you can contact Bernard Reisner: W.Tel no.: 021 423 […]
Schedule 8 of the Labour relations act confirms that an employer may require a newly hired employee to serve a period of probation before the appointment of the employee is confirmed. It is further indicated that an employer may only decide to dismiss an employee or extend the probationary period after the employer has invited the employee t make representations and has considered any representations made. Furthermore, a trade union […]
