CCMA not the end of the road
After an employee claims that he has been unfairly dismissed, the usual route to follow is to refer an unfair dismissal to the CCMA. The commissioner will then make a ruling and if any party does not agree with the ruling that party can take the matter on review to the Labour Court. However, if the case is not reviewable that is the end of the road, right? In a recent case of Archer v Public School - Pinelands and Others (C362/17) ZALCCT 10 the employee referred an unfair dismissal case to the...
Demystifying the Trust Relationship’s “hanging period”
The common term "justice delayed, is justice denied" holds weight in our law and is even enshrined in our Constitution. But how does it affect the Trust relationship when the dismissal of an employee is in the issue? The Department of Public Works, Roads and Transport v Motshosa and others [2005) BLLR 957 (LC) and Riekert vs CCMA and Others (2006) 4 BLLB 353 are cases wherein the Labour Court had found that the delay between the actual misconduct and the date of...
The adoption of zero-tolerance policy – is it a “license to kill’
Often times, employers find themselves having to deal with the tedious graduated disciplinary measures against employees that have transgressed the set disciplinary code in the workplace and the process can be found to be frustrating, driving the employers into adopting so-called ‘zero-tolerance policies’ in the workplace to expedite dealing with such transgressions. In terms of item 3(1) of Schedule 8 - Code of Good Practice: Dismissal of Labour Relations Act 66 of 1995 on ‘disciplinary...
Limitations to the content of Section 56 Consumer Protection Act
The CPA imposes a built-in or automatic warranty (commonly known as a guaranty) that all goods sold comply with the requirements listed in Section 55. If the goods are not suitable for the purposes for which they are intended or otherwise fail to comply with the requirements listed in Section 55, the consumer is entitled to return them, at the supplier’s risk and expense and without penalty, and: (a) Have the item(s) repaired; or (a) Have the item(s) replaced; or (b) Get a full refund of the...
Should I bargain with the union?
In practice, employers are often faced with a situation whereby a union has recruited employees in the workplace and now wishes to meet with the employer to negotiate organisational rights such as access to the workplace, stop order facilities in respect of union membership fees, the election of shop stewards and disclosure of information. Section 21 of the Labour Relations Act (Act 66 of 1995), hereafter “The LRA”, determines that the union must notify the employer in writing of its...
The amended financial sector codes
The amended financial sector codes, socio-economic development and consumer education: The Amended Financial Sector Charter was gazetted on 01 December 2017. Socio-Economic Development consists of charitable donations as well as Consumer Education Contributions. Charitable donations must be made to Organizations with at least 75% Black Beneficiaries and the target for a QSE as well as a Generic Entities is 0.6% of the annual Net Profit After Tax (NPAT). Targets for Foreign branches of...
Processing of employees personal information in terms of the POPI Act
The Protection of Personal Information Act 4 of 2013 (“POPI”) makes provision that every data subject’s personal information should be processed in terms of the act. Although some employers/companies are under the impression that the act only applies to their clients and/or suppliers it is important to note that employees also fall under the definition of a data subject. (Data subject means the person to whom the personal information relates). Processing means any operation...
Christmas gifts – returning non-defective gifts for a refund
As I write this brief article it is but only November and yet the retail stores are all gearing up for a hopefully lucrative Christmas season already decked out in Christmas decor. Secret-Santa gifts for co-workers, gifts for loved ones and friends – put the inevitable strain on Consumers’ wallets and also if one looks at South African bank statistics – the strain on our Credit Cards. Retail stores are flooded after Christmas day with the return of unwanted gifts – socks I can still use no...
The art of negotiating
There comes a time in any employer/business owner’s tenure that employees will engage in negotiating either increase, retrenchment packages or conditions of employment. This is often conducted through a representative Trade Union. These negotiations are often superseded by a long letter that contains various demands. Employers are often reluctant to engage meaningfully with trade unions as they often have the misguided perception that the process is futile and will ultimately end up in...
HIV and AIDS in the workplace
Many employers are concerned regarding HIV or AIDS in their workplace and the protection of their staff. They often wonder if they could insist on being informed by an employee who has contracted the decease and if disciplinary action can be taken against an employee whom does not reveal their HIV or AIDS status or refuses to do so. The answer and solution for those employers are simple. Section 14 of the Constitution of South Africa, Act 108 of 1996, provides all with the right to privacy. ...