In a Labour Court review the party who is unhappy with the award asks the Labour Court to set the award aside on the grounds that the arbitrator, in making the award, ‘misconducted himself/herself’. That is, the review application is not an appeal against the award decision but rather a claim that the arbitrator: Committed…
Section 213 of the Labour Relations Act (LRA) provides that an employee is anyone, other than an independent contractor who works for another person or who assists in conducting the business of an employer. This definition omits only service providers who are external and/or truly autonomous. Section 200A of the LRA states that, unless the…
Where there has been only one employee retrenched, the Labour Relations Act (LRA) allows the CCMA and bargaining councils to arbitrate the retrenchment dispute where conciliation has failed to resolve it. This has made it easier for employees to oppose retrenchments. That is, due to the quicker and simpler processes at the CCMA as compared…
Employers are becoming more and more desperate in their attempts to run orderly, productive and profitable businesses. The special obstacles to the achievement of this goal are intense and growing international competition, the world economic crisis, South Africa’s culture of crime and disciplinary legislation that severely restricts the rights of employers. In their attempt to…
South Africa’s labour legislation provides very heavy protection for employees. That is, numerous and imposing obstacles in the law and in the legal system make it extremely difficult for employers to dismiss those employees who deserve to be dismissed. These obstacles include: A plethora of procedures that must be followed before a dismissal can be…
Item 4 of the Code of Good Practice: Dismissal (The Code) contained in Schedule 8 of the Labour Relations Act (LRA) states that, when an enquiry is held into an employee’s alleged misconduct “The employee should be allowed …… the assistance of a trade union representative or fellow employee.” It is on this basis that…
Trade unionism can mean problems for any employer. Due to their uncertainty as to the rights of unions many employers unnecessarily give to unions rights that they are not legally required to give them. Just as often employers lose out because they fail to accord to unions rights that have been conferred by law. The…
But chairpersons must be unbiased! BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za. The CCMA Guidelines: Misconduct Arbitrations (The Guidelines) states that it is not unfair for employers to use third parties such as attorneys to…