Articles

There is recourse,

if unhappy with CCMA ruling

By Ivan Israelstam

 

Where a party at the CCMA or bargaining council is unhappy with the award or ruling of an arbitrator he or she does not have the right of appeal. However, an aggrieved party can take the arbitrator's "conduct" on review.

Does an employee have a right to be promoted?

By Johanette Rheeder  

Promotion can become a very emotional issue in the workplace. Most employees strive for recognition in the form of a promotion and the increase in salary, status and benefits related to such a promotion. It is especially so when that employee has been eagerly awaiting the perceived long overdue promotion, as recognition for years of loyal and hard labouring service. 

THE APPOINTMENT OF HEALTH AND SAFETY REPRESENTATIVES FOR THE WORKPLACE

By Tinus Boshoff

According to Section 17 of the Occupational Health and Safety Act (Act 85 of 1993), employers who employ 20 or more workers on premises must appoint representatives to monitor health and safety conditions.

New guidelines rule on what is fair dismissal

By Ivan Israelstam

Item 60.4 of the new CCMA Guidelines: Misconduct Arbitrations (the guidelines) states that it is not unfair for employers to make use of the services of third parties such as attorneys to chair disciplinary hearings for employees of their organisations. 

Law changes to help tighten grip on employers
By Ivan Israelstam


THE LABOUR Department is expected to introduce legislation in 2010 with far-reaching significance for employers. 

These major amendments are expected to increase the already powerful stranglehold that legislation has on productive business management and employment creation.

WESTERN CAPE LIQUOR AMENDMENT ACT 

Highlights of the recent FEDHASA Cape legislation seminar, outlining key aspects raised regarding the Western Cape Liquor Amendment Act...

When mass retrenchments are fair – and when they are not

By Bob von Witt & Bowman Gilfillan Attorneys

Mass retrenchments, an issue becoming increasingly relevant as the economic recession deepens, are governed by Section 189A of the Labour Relations Act.

Employers are strongly advised to analyse the Section 189A procedure, and in particular Section 189A(1), which is somewhat more complicated than its relatively simple Section 189 counterpart.

WHAT SHOULD YOU KNOW ABOUT PANDEMIC INFLUENZA A(H1N1) OR “SWINE FLU” *

What is pandemic H1N1 influenza virus?

The pandemic A(H1N1) influenza (flu) virus (germ) is a new member of the influenza virus family. Different influenza viruses cause the annual seasonal (winter) flu and, every few decades, a global pandemic...

Annual leave and yearly shutdowns

By Johanette Rheeder Attorneys

 Many employers close down for the holiday season and businesses shut down or work skeleton staff. This sometimes give rise to conflict as it is also the time when employees want to spent time with family, go on holiday or just break away after a stressful year at work.

You and the CCMA -

Has the dispute been properly referred?

When the dismissed employee refers a matter to the CCMA for conciliation - for example a dispute regarding the fairness of a dismissal - there are certain forms that the employee must complete.

The first one is the form LRA 7.11.

Disciplinary Sanctions – Warnings

Because of the progressively corrective nature of disciplinary action, the sanction applied should also be progressive in nature. 

Depending on the severity of the offense and the circumstances under which it as committed, the sanction can range from a verbal warning through to a written warning, a final written warning and dismissal. 

Whatever reason, double jeopardy is unlawful

By Ivan Israelstam


In the interests of fairness, arbitrators and judges sometimes depart from the basic principles of law and look at the unique circumstances of the case. 

Smoking and constructive dismissal – do they belong in one sentence?

By Johanette Rheeder 

Ever met the chain smoker who, notwithstanding the hints, complaints and frowns, continues to smoke in his office or open areas in the work place, clearly in defiance of the law and the employer’s smoking policy?

FEDHASA CAPE’S SUBMISSION OF A FORMAL PROPOSAL FOR THE REVIEW PROCESS OF THE HOSPITALITY SD14 TO THE DEPARTMENT OF LABOUR 

 

Outline of key aspects raised regarding FEDHASA Cape’s submission of a formal proposal for the review process of the Hospitality Sectoral Determination 14 (SD14) to the Department of Labour:

Stakes are high when employment is terminated.

By Ivan Israelstam

You have to go far back in South African history to find a time when as many employees were losing their jobs as they are right now. 

While retrenchments are at an historical high, mutually agreed terminations are also on the increase. The reasons that such a package might be offered by the employer are many and varied and include, among others, the following...

What factors constitute constructive dismissal? 

By Ivan Israelstam

Constructive dismissal means the employee resigns and claims that the resignation occurred not because the employee wanted to leave but as a result of the employer's intolerable conduct.

Because of the fact that the employee alleges that the resignation was involuntary and was intentionally or unintentionally coerced by the employer, the resignation becomes a constructive dismissal. 

Theft – the requirements for dismissal  by Johanette Rheeder

Every employer will probably, at some stage or another, be faced with theft in its workplace.

 

Due to the fact that theft is a dishonesty offence, we dismiss those employees guilty of theft, no matter the value of the item stolen and in most cases, factors in mitigation were not enough to tip the scale away from dismissal, as honesty goes to the heart of the relationship and theft or dishonesty destroys the trust between employers and employees.

Email: sonja@palmconsultants.co.za

Sonja: +27 (0)82 823 4511

Danie: +27 (0)82 961 1638

 

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