More on the workplace law: Maximum hours In terms of the BCEA, and subject to certain exceptions mentioned below, no employer may require or permit an employee to work longer than 45 hours a week, or nine hours a day if the employee works five days or fewer per week, and eight hours per day if the employee works more than five days a week. All work beyond that is […]
STATUTORY ARBITRATION Con-arb An amendment to the LRA now permits councils and the CCMA to arbitrate disputes immediately if conciliation fails. The process of ‘con-arb’ has potential dangers. For one, the same commissioner must necessarily act as both conciliator and arbitrator, meaning that, when acting in the latter capacity, he or she may have been privy to compromising information received when acting in the former capacity. This may render the […]
WHAT IS CONCILIATION Conciliation is a process under the direction of a commissioner in which parties endeavour to reach an agreement with a view to settling a dispute. Conciliating commissioners cannot compel parties to settle; at most they can offer advice, which the parties are free to accept or reject. Conciliation need not actually take place before the conciliating commissioner issues a certificate. Must a matter actually be conciliated? The […]
If a transfer of a business takes place, a) the new employer is automatically substituted in the place of the old employer in respect of all contracts of employment in existence immediately before the date of transfer; b) all the rights and obligations between the old employer and an employee at the time of the transfer continue in force as if they had been rights and obligations between the new […]
The test for the substantive fairness of a dismissal for incompatibility may be formulated as follows: • Did the employee’s conduct cause disharmony or tension in the work place? • Was the disharmony and tension the result of the employee’s behavior? • Was the disharmony and/ or tension irremediable? • Did the disharmony and/ or tension have an adverse or potentially adverse effect on the employer’s business? • Was the […]
1. If the Labour Court or an arbitrator appointed in terms of this Act finds that a dismissal is unfair, the Court or the arbitrator may a) order the employer to reinstate the employee from any date, not earlier than the date of dismissal; b) order the employer to re-employ the employee, either in the work in which the employee was employed before the dismissal or in any other reasonably […]
The unauthorised use of company property is generally regarded as sufficient to warrant dismissal. In such cases, employers must prove that accused employees were indeed in possession of the goods in question, and that they did not have permission to take the goods. Employers must also prove that the employees knew that the goods were in fact in their possession. For further information on any labour related matters, you can […]
Employees are guilty of theft if they appropriate goods belonging to another with the intention of permanently depriving the owner of the use and possession of those goods. Theft therefore requires proof of intention to deprive the owner of use and possession and knowledge that the act was unlawful. It must also be proved that the employee committed an act by which the owner is actually deprived of possession. For […]
Employees may be disciplined for sleeping on duty only if: • They are actually asleep at a time when they should be attending to their duties; • The employee’s unconsciousness was not caused by some cause beyond his or her control; • The employee was or should have been aware at the time that sleeping constituted a disciplinary offence. Arbitrators have been ready to accept circumstantial evidence in such cases, […]
Medical certificates are favourite targets of workplace fraudsters, who may either falsify dates or the entire document. Where medical certificates are found tampered with by employees, dismissal is invariably warranted. Falsification of timesheets is another widespread form of deception, for which dismissal has been upheld. CONTACT CAPE LABOUR. For more information on labour law advice or services. Please feel free to contact us at Cape Labour Consultants and we will […]