DISMISSALS ARE UNFAIR IF EMPLOYMENT RELATIONSHIP IS STILL TOLERABLE

DISMISSALS ARE UNFAIR IF EMPLOYMENT RELATIONSHIP IS STILL TOLERABLE

Schedule 8 of the Labour Relations Act (LRA) says that dismissal is only appropriate for those serious offences that make “a continued employment relationship intolerable”. Such serious offences could include, for example, gross insubordination, endangering the safety...
RETRENCHMENTS AND MUTUAL TERMINATIONS ARE FUELING JOB LOSSES

RETRENCHMENTS AND MUTUAL TERMINATIONS ARE FUELING JOB LOSSES

South Africa’s unemployment rate is at an all time high with 43% of working age people being unemployed. This is the harsh reality, despite government’s so called ‘growth’ plans. While retrenchments have risen to alarming levels over the past four years, mutually...
HEAVY PENALTIES FOR DEFAULTING EMPLOYERS

HEAVY PENALTIES FOR DEFAULTING EMPLOYERS

The Labour Relations Act (LRA) in conjunction with the Arbitration Act gives the CCMA, bargaining councils, Labour Court, Labour Appeal Court and private arbitrators the power to take very strong action against employers who commit unfair labour practices or unfair...
GAPS IN THE LABOUR RELATIONS ACT LEAVE PARTIES GUESSING

GAPS IN THE LABOUR RELATIONS ACT LEAVE PARTIES GUESSING

In the mid 1990s the old labour legislation was repealed and replaced by our current Labour Relations Act (LRA) negotiated between government, employers and trade unions. Due to the fact that parties had substantially different agendas they were often unable to agree...
BEWARE DISMISSING FOR CONFLICT OF INTERESTS

BEWARE DISMISSING FOR CONFLICT OF INTERESTS

Common law recognises an employee’s right to look after his/her own interests. However, the law also balances out this right, by stating that it is the employee’s obligation to ensure that the satisfaction of his/her interests does not conflict with those of the...
HANDLE SHOP STEWARDS WITH CARE

HANDLE SHOP STEWARDS WITH CARE

The trade union movement in South Africa is very powerful. This is not only because of the relatively high number of unionised employees and because of the extremely strong legislation supporting unionisation, but also because of the political alliance between the...