Are you a student who has been anxiously waiting to find out if you have been accepted into University of Venda (Univen)ADVERTISEMENT for the academic year? Are you a parent/guardian looking to check/track the application status for Univen Admission of your child? You have come to the right place, we have documented all the steps to make … Read more
When the CCMA makes an award for the reinstatement of an employee who has been unfairly dismissed or suspended, it seldom goes down well. But what happens if the employer ignores the award? In the case of Ilembe Outsourcing and Recruitment c.c. and others v Nosango (2018), the Labour Appeal Court (LAC) was faced with a … Read more
How to Prepare for a Hearing at the CCMA For those who are new to the CCMA, we are happy to give guidance on CCMA procedures for small businesses. Let’s take a look at what to expect from the CCMA, who and what to take with you, and how to make the relevant decisions at … Read more
We often get questions from employers hinging around employee resignations, such as “must it be in writing” or “can I accept it verbally?” “The employee resigned but now wants to withdraw his resignation – must I allow this?” And so on. In Quinn / Singlehurst Hydraulics (SA) Ltd [2005] 6 BALR 673 (CCMA), the applicant referred a … Read more
With South Africa’s unemployment rate being at a fourteen- year high of 27,7%, many employed workers fear losing their jobs and having to find alternative employment. But, it isn’t that easy to fire an employee. Every South African worker is protected by strict employment laws, which ensures that they are correctly treated, paid fairly and … Read more
Section 194 of the Labour Relations Act (LRA) allows arbitrators and judges to grant employees compensation for unfair dismissal where reinstatement is not appropriate. A compensation order is one that requires the employer to pay the employee an amount of money in recompense for unfair dismissal or an unfair labour practice. An order for compensation … Read more
WHAT IS DISCRIMINATION? Discrimination is to show favour, prejudice or bias for or against a person on any arbitrary grounds, for example on the basis of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth by … Read more
It is always best to consult an attorney regarding legal representation at the CCMA when proceeding. A party wishing to attend the CCMA must ensure that they are well informed of their matter. The CCMA is an institution which follows its own rules and guidelines. This means, that the CCMA deals with various matters and that they are … Read more
How to Prove You Were Constructively Dismissed/Fired If you find that your employer has made your working conditions “intolerable” you can resign and claim “constructive dismissal”, regardless of your contract terms. However, you must ensure that the situation actually does fit in with what “constructive dismissal” is defined as. Many employees who feel that they … Read more
1. Introduction (1) This code of good practice deals with some of the key aspects of dismissal for reasons related to conduct and capacity. It is intentionally general. Each case is unique, and departures from the norms established by this Code may be justified in proper circumstances. For example, the number of employees employed … Read more