Medical Examinations and Harassment

Sometimes, a really thorough medical examination can be embarrassing and pretty uncomfortable, especially if the doctor requires the employee to undress for part of the examination. In a recent CCMA arbitration, the question arose whether the employee, a part-time medical doctor, crossed the line between a medical examination and sexual harassment. A number of employees indicated that they were uncomfortable with the way in which they were examined. On the facts, however, the commissioner concluded that the doctor was not guilty of sexual harassment tests for heart and lung conditions should ideally be concluded when the patient is unclothed. The fact that some of the employees felt uncomfortable while the medical tests were being conducted did not mean that the doctor’s conduct constituted sexual harassment. The doctor’s conduct would only constitute sexual harassment if it is not conducted for a legitimate medical purpose and the evidence did not prove that the employee had an illegitimate purpose in the case.

For any further Labour Law related queries, please contact Bernard on:
W. Tel: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 3959
Email: bernard@capelabour.co.za

About Conducting Arbitration Proceedings

The arbitrator must see to it that all the relevant issues are canvassed and that the matter is properly heard; that each party is given a fair opportunity to present its case and that he or she retains his or her objectivity and neutrality. While it is clear that a commissioner or arbitrator may take either an adversarial or inquisitorial approach, the fact remains that the commissioner may not be seen to favour one party over the other.

For further information on Conducting Arbitration Proceedings or 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: www.capelabour.co.za

Can shop stewards sign an agreement concluded with an employer and thereby bind the union as a whole?

This interesting question arose in a recent CCMA arbitration award, and the CCMA commissioner held that the agreement was indeed valid the employer had not raised the issue of the shop stewards’ authority of the time and the owner of the business had been only too happy to sign the agreement. It was hardly possible for the employer to argue now that there was no agreement it was sheer opportunism on the part of the employer, trying to escape the provisions of a collective agreement it had concluded. The employer was prevented from relying on the ground that the shop stewards did not have the necessary authority.

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 gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.

For more information or to Contact Cape Labour. You can find all of our relevant details here.

W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za

An employer who alleges that an employee is under the influence of alcohol must prove on a balance of probabilities that the employee was indeed under the influence. Employers usually rely on a breathalyzer to establish whether the employee is intoxicated by alcohol.

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 gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.

For more information or to Contact Cape Labour. You can find all of our relevant details here.

W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za

The facts are straightforward: an employee is dismissed and the unfair dismissal dispute heads for the CCMA for arbitration. The employer shows up with an attorney in tow and the trade union representative (representing the employee) objects to the employer’s legal representation. The CCMA commissioner makes a ruling that legal representation would not be allowed.

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 gladly assist you. Cape Labour & Industrial Consultants is a Cape Town-based providing Labour Law (Industrial Relations) and advice to employers and employees across all market segments and industries since 1987.

For more information or to Contact Cape Labour. You can find all of our relevant details here.

W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za

Issuing Interdicts

Issuing interdicts is a significant part of the Labour Court’s work. There are final interdicts and then there is the rule nisi. All of these have their own requirements that applicant must prove. And when an applicant approaches the Labour Court for urgent interim relief, the applicant must also be in a position to show why the matter is urgent.

For further information on Interdicts or 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: www.capelabour.co.za