Serving Of Notice Periods
Termination of the employment relationship can take place in different ways. A few to mention may be in the event of a death of an employee, by the employee’s dismissal, when an employee retires, by mutual agreement or on the instance of an employee. If an employee resigns, the employee would have to provide an advanced notice period to the employer. The notice period is, however, dependent on several factors: First, if there is no contract of employment between the employer and employee...
Can A Polygraph Test Be Used As Evidence In A Disciplinary Hearing?
Yes, however, the results of a polygraph test alone are not enough to prove an employee's misconduct/guilt, as the accuracy of the test has been questioned over the years. Polygraph tests are considered circumstantial evidence, i.e. they can only draw inferences about a series of events. An initiator should only use this type of evidence with supporting evidence. An Employee must give their written consent to undergo a polygraph test as the test may infringe on two constitutional rights, which...
DYK – It Is Unlawful For Political Parties To Become Involved In Workplace Matters?
Section 200 of the Labour Relations Act states that a registered trade union or registered employers’ organisation may act as representatives to employees in workplace disputes. In Calgan Lounge v EFF & Others (J2648/18), handed down in the Labour Court, the EFF’s role in workplace issues was considered. A political party cannot derive powers to interfere in the workplace from the Constitution, as the rights in the Constitution are given effect to in the LRA, specifically designated to...
Episode 129: How is the Consumer Goods and Services Ombudsman (CSGO) relevant to my business
In terms of Section 82 of the Consumer Protection Act, Ombudsman, such as the Consumer Goods and Services Ombudsman (CGSO), have jurisdiction over consumer complaints. SEESA Legal Advisor Martin Engelbrecht and Elsje-Marie van Zyl guides you through the purpose and nature of this body, implications thereof on your business, complaints and the handling thereof. Should you require additional information regarding the Consumer Protection Act please contact your nearest SEESA office....
How Does The Case Of Nando’s Scottsville V CCMA And Others (D06/2019) Impact Dismissals For “Petty Theft”?
Dismissal for petty theft has always been a severe debatable issue in the labour field. In the case of Nando’s Scottsville v CCMA and Others (D06/2019), an employee was dismissed for eating two individual slices of carrots from the bain-marie. The employee was charged with the following: ‘Unauthorised Consumption of Company Stock – in that they alleged that the employee was dishonest by consuming company stock being vegetables whilst on duty on the 08/04/2018 at Nando’s Scotville.’ The...
Can A Company Claim More Than The 20% Mandatory Grants From The SETA’s?
The 20% mandatory grant, which is claimed back from SETA through Workplace planning and Actual Training reports, is not the only grant that can be claimed back. A discretionary grant is another grant that can be claimed back. This grant is related to pivotal training that the company wants to implement, and the SETA will advise on application periods throughout the year. The SETA board members will evaluate the Discretionary grant application on what scares and critical skills are in the...
Duties Of A Designated Employer In Regards To The Employment Equity Act
One of the essential services that a SEESA Skills Development Facilitator offers to a SEESA Skills Training client is advising and assisting the client in complying with the Equity Act. Every designated employer must, to achieve equity, implement affirmative action measures for people from designated groups in terms of the Act. A designated employer needs to identify which of the barriers listed within the Act prevents the company from achieving equity. This will either be through procedure,...
DYK – If An Applicant Fails To Appear At An Arbitration, The Matter Is Removed, And The Applicant May Apply For A Request For Re-Enrollment.
DYK - If An Applicant Fails To Appear At An Arbitration, The Matter Is Removed, And The Applicant May Apply For A Request For Re-Enrollment. According to the Directive of the CCMA drafted in terms of Section 138(5)(a) of the Labour Relations Act, the Commissioner must decide whether the Applicant who refers a matter for re-enrollment has satisfactorily explained his failure to attend the arbitration and has taken reasonable and timeous steps to have the matter re-enrolled. The Directive...
Episode 128: Section 21 – Can A Union Make Demands In Your Workplace?
SEESA Labour Legal Advisors, Daniel Brandsen and Conrad Conradie discuss the rights stipulated in terms of Section 21 of the Labour Relations Act dealing with Unions in the workplace. They explain what an employer should do when a Union enters the workplace or sends a list of demands and claim certain rights. Click on the play button below to listen to our podcast! Contact your nearest SEESA office to assist your business with any labour-related queries you might have....
An In-Depth Discussion On Dismissal And The Forms Thereof Within The Workplace
In terms of Labour Law, there is a difference between the termination of an employment contract and the concept of dismissal. An employee claiming unfair dismissal must establish the existence of dismissal, and it is the onus of the employee to prove the existence of a dismissal, which is not necessarily unfair. Any form of dismissal must be procedurally and substantively fair, and focus is placed on the following six examples in terms of the meaning of dismissal. Termination of employment by...