It often happens that companies do not receive important CCMA communication because a former employee used incorrect or no-longer-used contact details in proceedings before the CCMA. This may result in the CCMA making an adverse award or ruling against the company in its absence and without its knowledge. The first step for the company is …
CCMA Ruling Against Company In Its Absence And Without Its Knowledge Read More »
INTRODUCTION The Commission for Conciliation, Mediation and Arbitration (“CCMA”) is an independent body that aims to promote fair labour practices by resolving labour disputes between employees and employers under the Labour Relations Act (LRA). The commissioner’s role is to try to resolve a dispute referred to it by conciliation, within thirty (30) days of it …
Preparing for a CCMA arbitration by Waseem Hussain Read More »
The manner of and reasons for termination of an employment relationship will determine the rights and obligations of the parties under the Unemployment Insurance Act 63 of 2001 (“UIA”) and this requires furnishing correct information under the UIA. Failing to do so may have serious consequences for both parties. Termination of an employment relationship may …
INTRODUCTION When does a claim for costs arising from an arbitration award become prescribed? This question involves a number of issues under the Prescription Act 68 of 1969 (Prescription Act). In Brompton Body Corporate v Khumalo 2018 (3) SA 347 SA (SCA) (Brompton) it was held that an arbitration award does not create a new …
Arbitration costs award – An indefinite claim? By Stacy-Lee Dennis Read More »
In Stallion Security (Pty) Limited v Van Staden (526/2018) [2019] ZASCA 127 (27 September 2019) the court had to decide on the liability of Stallion Security Services (“Stallion”) for a robbery committed by one of its employees. The employee, Mr Khumalo, was a site supervisor of a premises where Stallion rendered security services for a …
Security company liable for intentional wrongdoing of employee? by Waseem Hussain Read More »
The recent Constitutional Court judgment in Allan Long v South African Breweries (CCT61/18) [2019] ZACC 7 (19 February 2019) provides clarity on the law relating to the suspension of an employee. Mr Long was employed by South African Breweries (“SAB”), as a district manager. SAB informed him about certain irregularities concerning the vehicle fleet under …
Do Employees Have a Right to a Pre-Suspension Hearing? by Wasseem Hussain Goolam Read More »
Can a disciplinary process be carried on against an employee after he has resigned? This was the issue in the case of Coetzee v Zeitz Mocaa Foundation Trust and Another (C517/2018) [2018] ZALCCT 20; (2018) 39 ILJ 2529 (LC) (14 June 2018). Mr Coetzee (“Coetzee”) was the executive director and chief curator of the Zeitz …
Disciplinary process against employee who has resigned? Read More »
South African labour law imposes important obligations on the employer when it comes to sexual harassment in the workplace. This was confirmed in the case of Liberty Group Ltd v M (2017) 38 ILJ 1318 (LAC) (“Liberty Group”). In this case the employee was sexually harassed by a manager on four different occasions. She did …
Employers and sexual harassment in the workplace Read More »
In terms of the previous Companies Act directors could generally only act with the consent or approval of shareholders in a number of cases. The Companies Act 71 of 2008 (“the Act”) grants more default powers to directors than the previous Company Act. The increased powers come at a cost to directors: they are more …
Directors of companies: Liability, Indemnification and Insurance Read More »
It is reasonable to want to dismiss an employee for not performing on the job, or failing to meet a specific target. However, Employers should ensure that the targets they set are actually achievable for the employee. If not, they could be found at fault for dismissing an employee who failed to achieve unreasonable targets.Damelin …
Employers Beware: Dismissal for Poor Performance Could Backfire Read More »