Protection for Whistle Blowers (Section 159 of the Companies Act, as Amended)
We see that any provision of a company’s Memorandum of Incorporation or rules, or an agreement, is void to the extent that it is inconsistent with, or purports to limit, set aside or negate the effect of this section 159. From a proper reading thereof, it is save to concluded that it applies to any […]
Retrenchments in terms of Sections 189 of the Labour Relations Act
Retrenchments are becoming a “normal” thing in modern South Africa. Often employers find themselves in difficult financial positions. The employer sometimes has no choice but to retrench some of its employees in order for its business to continue. Some employers however try to use retrenchments to get rid of employees, instead of following eg. Disciplinary […]
Remedies for Unfair Labour Practice
In terms of Section 193(4) of the LRA, we see that it is directed that an arbitrator appointed in terms of this Act may determine any unfair labour practice dispute referred to the arbitrator, on terms that the arbitrator deems reasonable, which may include the following: ordering re-instatement; re-employment; or compensation. It is indeed so […]
What written particulars must the employer supply to an employee?
An employer must supply a a new employee with written particulars when employment commences. In this post we look at what is required by the Basic Conditions of Employment Act. In terms of Section 29 of the BCEA, the employer must supply the following particulars in writing, namely: the full name and address of the […]
What payments are an employee entitled to upon termination of employment
What payments are an employee entitled to upon the termination of his or her employment and what is the meaning of a certificate of service in South Africa. Regarding the first part of the question, we need to turn to Section 40 of the Basic Conditions of Employment Act, Act No.75 of 1997, which directs […]
Employee rights during and after internal disciplinary enquiry
What employee rights does an employee have prior to, during and after an internal disciplinary enquiry? It is amazing how many employees do not know that he or she has a right to a disciplinary enquiry that is procedurally fair. Remember, the employer has no right to ambush the employee during an internal disciplinary enquiry. […]
Disciplinary enquiries and legal representation
Irrespective of the fact that there is no absolute right for an employee to be legally represented during his or her disciplinary enquiry, Welman Attorneys can assist and guide the employee through the different phases of the disciplinary process. PRIOR TO THE COMMENCEMENT OF THE ENQUIRY Assistance in understanding the charge(s); Interpreting the employers disciplinary […]
What does unfair dismissal mean?
What does unfair dismissal mean and what does the Labour Relations Act of South Africa say about it? We find the answer in Section 186 (1) of the LRA. “Dismissal” means that — An employer has terminated a contract of employment with or without notice; An employee employed in terms of a fixed term contract […]
Can I Challenge My Suspension
WHEN CAN I CHALLENGE MY SUSPENSION? Short answer, in circumstances where the employee was suspended for no fair reason, clear absence of fair procedure followed, and when the principles of natural justice cannot be observed. In terms of Section 185 of the LRA, each employee has a clear right not to be subjected to unfair […]
Labour Law and South African Schools
The Schools in South Africa are really in a difficult position regarding misconduct of members of staff, as well as misconduct of the learners they teach. The reason for this is not only that Management Teams of Schools, or their Human Resources Officers, are not lawyers, but also the fact that there are so many […]