Labour legislation requires an employer to reasonably accommodate the needs of an employee with physical or mental impairments in the event that such impairment substantially limits the employee’s ability to perform the essential functions of the job. The type of reasonable accommodation required would depend on the job and its essential functions; the work environment [more…]
In the realm of workplace discipline, the term “consistency” frequently arises, along with its counterpart, “inconsistency.” These concepts are pivotal to the fair and equitable administration of disciplinary action. To comprehend the requirement of consistency, one must move beyond simplistic definitions and delve into the practical implications of treating “like with like” and ensuring fairness [more…]
South Africa’s employment landscape is poised for transformation with the publication of the Draft Code of Good Practice on Dismissal. Designed to provide clearer guidelines and greater flexibility, this groundbreaking reform introduces a principle-based approach to dismissals that balances fair labour practices with business realities.
According to Jonathan Goldberg, Chairman of Global Business Solutions, this reform consolidates [more…]
Introduction
Section 188 of the LRA provides that, to be fair, a dismissal that is not automatically unfair must be for a fair reason and in accordance with a fair procedure.
The employer should conduct an investigation to determine whether there are grounds for dismissal. This does not need a formal inquiry. The employer should notify [more…]
Sooner or later the labour law catches up with employers who fail to follow proper disciplinary procedure and to provide good reason for dismissals. This is because section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. The Labour [more…]
Final written warnings constitute a crucial element within the disciplinary framework of any Organisation. They afford employers the opportunity to communicate to employees that their conduct is deemed unacceptable, emphasising the need for a change in behaviour to avert dismissal.
The occurrence of persistent or recurrent misconduct may lead to the issuance of a final written [more…]
Employers are often over-hasty to conclude that an employee’s actions amount to a resignation where it suits the employer. Caution should be exercised.
A contract of employment can end at the employer’s instance, in the form of a dismissal, or by the employee in the form of a resignation. Although a written resignation is preferred, sometimes [more…]
Section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. This forces employers to act with great care and expertise in gathering evidence and in designing and applying their disciplinary policies. The Labour Courts are most intolerant of employers [more…]
An employer is entitled to insist on reasonably harmonious relationships within its business. An employee may not act in a way which results in disharmony or disruption and a breakdown in relationships at work.
“Incompatibility” refers to, for example, an employee not fitting in with the organisational values of the employer, an inability to work in [more…]
In employment law, disputes that arise from disciplinary hearings can be intricate and heated. Many employers opt to hire independent chairpersons to prevent the possibility of ending up in the CCMA (i.e. the Commission for Conciliation, Mediation, and Arbitration). Nevertheless, when employers are displeased with decisions that these disciplinary chairpersons make, seeking recourse can [more…]
The Commission for Conciliation, Mediation, and Arbitration (CCMA) and Bargaining Councils are important bodies in South Africa that handle disputes between employers and employees.
When an employee refers a dispute to the CCMA or a bargaining council, employers need to understand the process and their obligations.
This guide aims to provide essential information for employers in such [more…]
The BCEA sets forth specific guidelines that employers must follow when an employee leaves the company, whether through resignation, dismissal, or retrenchment.
Let’s take a look at what an employer’s legal obligations are to an employee once the employment relationship ends.
Firstly, the employment relationship ends when:
Section 118 of the Labour Relations Act 66 of 1995 (LRA) stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice.
Schedule 8 of the LRA further stipulates that all employers should adopt disciplinary [more…]
