To suspend an employee or not pending a disciplinary hearing?
Employers are often faced with the decision on whether to suspend an employee pending a disciplinary hearing or to allow the employee to work until the disciplinary hearing. This is a very important decision that must be made by the employer and may result in a CCMA referral if not carefully considered. An employer is allowed to suspend an employee pending a disciplinary hearing but such a suspension may be declared unfair and may in terms of Section 186 (2) of the Labour Relations Act...
Obtaining alternative employment for employees facing retrenchment
As a result of poor performing, economy retrenchment has become a common phenomenon in the workplace. The process is time-consuming and severance packages often cost employers an arm and a leg. Section 41(2) of the Basic Conditions of Employment Act (BCEA) determines that an employee is entitled to at least one week’s remuneration for every completed year of service. The BCEA, however, makes provision to avoid incurring the often large amounts of severance pay. Section 41(4) of the BCEA...
How to verify an unincorporated joint venture
On the 31st of May 2019 certain amendments were made to the Amended Codes of Good Practice. For the first time since the inception of the B-BBEE Codes of Good Practice, clarity was provided on how to verify unincorporated joint ventures (JV). This is a welcome inclusion in the Codes. In terms of paragraph 7 of Code Series 000, Statement 000 unincorporated JV’s are required to compile a consolidated verification certificate. In order for a verification agency to issue a consolidated...
Lay-bys, Penalties and the Consumer Protection Act.
Itching to purchase that new 55’ Hisense television, but due to your lovely bank balance, you are unable to do so, frustrating, as most people will know. Retailers are providing lay-by options to consumers who currently do not have the immediate funds available to purchase their products. Consumers have the option available to pay off products by way of instalments while the retailer in return reserves the product and only provides the consumer with the product as soon as the final amount has...
What to do when you received a default award
A default award is an award that is given at the CCMA / Bargaining Council when a matter has been set down and the employer did not show up at the arbitration. This could be for various reasons. For example, this could be because the employer was not aware of the date of the matter as the CCMA / Bargaining Council failed to send it to the correct address or the employer missed the set down due to oversight. Every case is unique. The question that arises now is what is the next...
Y.E.S 4 Youth Initiative
What is the Y.E.S initiative? The Y.E.S (Youth Employment Scheme) was gazetted on the 28th of August 2018, with its main purpose being job creation for individuals who qualify as a youth. Y.E.S has been described as a business-driven initiative which partner business with government and labour in a concerted effort to collectively tackle economic pathways for black youth. To whom does Y.E.S apply Y.E.S focuses on youth between the ages 18 and 35, by providing work experience for one year,...
Sexual Harassment and Dismissal
Sexual harassment is defined as a form of unfair discrimination against persons based on the grounds of sex, gender and/or sexual orientation. It has also been described as persistent, unsolicited and unwanted sexual advances or suggestions from one person to another. It is a misconduct that is deemed to be a serious offence which can, and has, led to the dismissal of employees found charged and found guilty of such an offence. The Code of Good Practice for Handling of Sexual Harassment Cases...
Cancellation of a fixed term contract: Section 14 of the Consumer Protection Act, Act 68 of 2008.
A fixed term contract in terms of the CPA is an agreement between a supplier and a consumer as defined in terms of Section 5 of the act. Juristic persons are excluded from Section 14 of the CPA and are applicable only on agreements where natural persons/consumers are a party to the agreement. The period for a fixed term contract in terms of the CPA is a maximum of 24 months and or 2 years. This means that any clause stipulated in a fixed term contract that states the defer, is incorrect void...
A guide to employment contracts
The significance of employment contracts Employers normally only issue employees with letters of appointment and erroneously believe that if they do not simultaneously conclude a contract of employment; they protect themselves. They then believe they can then terminate the services of employees at any stage “because there are no contracts”. Even though there is no legal requirement for employees to have a written contract, it is advisable to conclude one to limit the risks that can be imposed...
The admissibility of hearsay evidence during a disciplinary inquiry
Hearsay evidence is a common problem during disciplinary hearings. Should such evidence be admitted it could result in serious prejudice to the accused, and excluding it could result in the employer or victim suffering. Hearsay evidence occurs when the person who is giving such evidence is not the person who actually witnessed the incident. A typical example of such evidence is where the person initiating charges submits a written statement from a person who witnessed the offense instead of...