CCMA limits Section 73A claims. Understand thresholds, legal representation, conciliation, arbitration, and postponements.
Articles tagged with:
CCMA
PART 2: Representation at the CCMA
In this instalment, we explore the intricacies of arbitration, the second process employed by the CCMA.
Representation No Longer Required Before Suspension
Contrary to common believe, employers no longer have to grant employees opportunity to make submissions on reasons why they should not be placed on suspension.
Legal Representation in internal Disciplinary Hearings
The question is often raised whether employees have the right to legal representation in internal disciplinary hearings.
Careless Slips Can Cost Arbitration Hearings
Employees, and employers for that matter, cannot afford to leave adverse evidence unanswered. It occurs often that parties do not challenge evidence that is led against them.
Bringing trivial cases to the CCMA
There are a significant number of referrals based on facts that are misrepresented.
The Importance of the Contract of Employment – Part 2
There are various types of employment contracts. In this article, Part 2, we are briefly discussing the following two types of contracts.
The Importance of the Contract of Employment – Part 1
It is quite surprising just how many employers do not provide employment contracts.
When Remorse Makes Dismissal Unfair
Case law reveals countless reasons given by CCMA arbitrators for an employer’s dismissal decision to be deemed unfair.
Apologise and save your job
It happens often that employers are faced with an employee at a disciplinary enquiry who vehemently denies the allegations against him/her or persistently denies any wrongdoing, even though the...
Hearsay evidence can render dismissals unfair
At a disciplinary hearing, the presiding officer (chairperson) should reject evidence that is legally inadmissible. One type of evidence that may be ruled inadmissible is when it is hearsay. What is...
Polygraph Tests
The guidelines that follow are provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) What is a polygraph test? It is a test used to verify a person’s truthfulness and is...
Fixed-term contracts not for permanent positions
Employers often lose at CCMA and bargaining councils in cases relating to fixed-term contracts of employment. A key reason for this is that employers do not understand the legal purpose of...
Reinstatement: A remedy for unfair dismissal and unfair labour practices
Reinstatement is a remedy used in labour law for unfair dismissal and unfair labour practices.
False Allegations of Racism may be Grounds for Dismissal
Can an employee who makes a false allegation of racism against another employee be dismissed? The answer is yes, employees can be dismissed for making false accusations of racism. Facts of a recent...
Jailed employees still have rights
It seems obvious to employers that, if an employee is arrested by the police he has ‘dismissed himself'. However, this mistaken belief is born from wishful thinking. Reasons for such wishful...
Smoking cannabis (dagga) at home and reporting for work
Since the Constitutional Court declared the private use of cannabis (dagga) legal in the matter of Minister of Justice and Constitutional Development and Others v Prince & Others [2018],...
Employee Suspension: A change in due process
On 06 February 2019 we posted an article about employers failing to comply with due process when suspending and employee, in that an employee must be afforded the opportunity to make representations...
Informal Employment Does Not Protect Employers
It is a common and erroneous belief amongst employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed...
Pregnant Employees – Testing Differential Treatment
In the recent case of Impala Platinum Ltd v Jonase and Others, the Labour Court (LC) dealt with an appeal against an unfair discrimination award, brought in terms of section 10(8) of the Employment...
How the CCMA deals with Abscondment
Abscondment is not desertion, neither is it absence without leave (AWOL). Many people use the three terms interchangeably because they do not know that they are actually different forms of...
Common mistakes when disciplining an employee
There are generally four mistakes that employers make when they discipline an employee. What are they? Let's consider the following scenario: Can you spot the mistakes in this example? Donna is...
Proper classification of misconduct
If misconduct, or the allegation, is not properly classified or described in the notice to attend a disciplinary hearing, it may cause problems for the employer should the employee refer an unfair...
Difference between Rescission and Review Applications
In unfair dismissal disputes the terms 'rescission' and 'review' applications are often heard or referred to. What are they? WHAT IS THE DIFFERENCE BETWEEN RESCISSION AND REVIEW APPLICATIONS?...
Witnesses at Disciplinary Hearings
The focus of this article is about witnesses at internal disciplinary hearings conducted by employers and not witnesses at CCMA or Bargaining Council hearings. At internal disciplinary hearings the...
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