An interesting and innovative application was made by Mr Olivier who tried to interdict (stop) MTN Management Services from going ahead with a Disciplinary Hearing. Olivier said that the matter was urgent and asked the Labour Court to stop the hearing because of various circumstances. The Labour Court looked into the problem and said that the circumstances were not special or the applicant could not show that he had suffered […]
Grievance procedure is one of those all important procedures and documents which must be given to all employees at induction. If the company does not have a grievance procedure, it is suggested that same be distributed to the employees asking for their comments and to thereafter finalise a document. This procedure creates an outlet for any complaints that might have arisen and helps the company avoid allegations at a later […]
We often receive complaints from employers that their employees have left without notice or have committed some sort of unfairness and they want to refer the matter, either to the Commission for Conciliation, Mediation and Arbitration or to a Bargaining Council. We always advise employers to rather take internal disciplinary action and if necessary dismiss, but referring the matter to the CCMA or a Bargaining Council is not acceptable. In […]
This promises to be the biggest public sector strike we have ever seen in the country. There was one in 2004, but not that widespread. In essence, government has offered 6% and the Union is holding out for approximately 12%. Although many of the sectors are essential services, such as nurses and policemen, they have threatened to strike as well. This will create an enormous problem especially the essential services […]
An exit interview is also referred to as a termination interview, separation interview or post-exit questionnaire. An exit interview is usually conducted under termination circumstances such as resignation. An exit interview is a way in which the employer gathers valuable information as to why the employee leaves the company. It is the employee’s choice whether or not to participate in an exit interview. Reasons why an employee should participate in […]
Employees are sometimes absent from work for extended periods, at times without explanations but also for reasons of which the employer is aware. The extended absence from work may provide the employer with a reason to terminate the contract of employment but that is not automatically the case. The employer must ensure that prior to contemplating dismissing the employee, there is a good reason / reasons to go ahead with […]
INCAPACITY ON THE GROUNDS OF TEMPORARY ILL HEALTH OR INJURY 1. The Basic Conditions of Employment gives all employees, who work 5 days per week, 30 days’ paid sick leave in each 3 year cycle. Once the employee’s sick leave entitlement has been exhausted, the employer is no longer obliged to pay the employee for any future absences of sick leave within the 3 year cycle. 2. The employer has […]
WHAT ARE YOUR DOMESTIC WORKERS RIGHTS All Domestic workers have rights under the Constitution of South Africa and its labour code of practice. Cape Labour has provided you with a brief description of domestic workers rights in South Africa. On 1 September 2002, the Sectoral Determination 7: Domestic Worker Sector became effective. The Sectoral Determination applies to the employment of all domestic workers in the Republic of South Africa and established […]
UNDERSTANDING THE PROCESSES OF THE CCMA (Commission for Conciliation, Mediation and Arbitration) 1. The first process that is conducted by the CCMA is conciliation. The conciliation hearing is a process where a Commissioner facilitates possible settlement discussions between the parties. The Commissioner does not have any powers to make decisions but may merely make recommendations regarding a settlement. The CCMA does not grant postponements of conciliation proceedings. If an employee […]
A polygraph test is used to verify a person’s truthfulness. Consent must be obtained in writing from the person who is to undergo a polygraph examination and this provision should be included in the contract of employment. You cannot compel a person to undergo a polygraph examination. Polygraph testing on its own is inherently unreliable and should be viewed with great circumspection. Polygraph test results should be used only in […]
