Labour Law

1.1.5.1. Amended Act – Occupational Health and Safety No 85 of 1993
1.1.5.2. Amended Act – Employment Equity 2014
1.1.5.3. Act – Employment Services 2014
1.1.5.4. Act – Basic Conditions of Employment
1.1.5.5. Act – Compensation for Occupational Injuries and Diseases

Short term gain long term pain: Probation disguised as a fixed term contract

How does one get rid of an employee who does not meet the employer’s expectations? The idea of a fixed-term contract might seem a good solution. You merely inform the employee that the fixed-term contract has expired. However, this approach is flawed as indicated below.

It is not an uncommon practice for an employer to appoint someone for a fixed term of, say, three months, and then to make the appointment permanent if the employee has shown his or her mettle during that specific period. If the person does not meet the required performance standards or does not fit in with the business, the employer would merely inform the employee that the fixed-term contract has expired.

Changing a disciplinary sanction

A chairperson in a disciplinary hearing finds an employee not guilty of a serious transgression while senior management believes the person should have been found guilty. Or the employee is found guilty but, contrary to what the employer expects, is given a sanction short of dismissal. May management interfere and, for example, conduct a fresh hearing before another chairperson? May a sanction less severe than dismissal be increased and, if so, must a further hearing be held before this can happen?

Medical Certificates – Dispelling the myths

A number of myths exist regarding medical certificates, e.g. that employers cannot address employees regarding their absenteeism due to medical reasons until the employees have exhausted their sick leave in a particular cycle that
employees can stay away from work for up to two days, often linked to weekends or public holidays, without being ill, or that medical certificates cannot be questioned..

Contracting out of the labour relations act

Imagine a situation where an employer does not have job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done?

Forms

1.1.1 – LRA Form 7.16 Subpoena
1.1.2 – LRA Form 7.17 Request for Taxation
1.1.3 – LRA Form 7.18 Application to Certify CCMA Award and Writ of Execution
1.1.4. LRA Form 7.11 — PART A -Referring a dispute to the CCMA for Conciliation including Con-Arb — PART B -Additional form for dismissal disputes only
1.1.5. LRA Form 7.11 — PART A -Referring a dispute to the CCMA for Conciliation including Con-Arb — PART B -Additional form for dismissal disputes only

Checklists

1.2.1 Employee orientation checklist
1.2.2 Notification to attend an incapacity investigation
1.2.3 Employee take-on — termination checklist
1.2.4 Dismissal for poor work performance – employees other than probationary employees
1.2.5 Poor work performance counselling session

Examples

1.4.1 Example of an employment contract
1.4.2 Fixed term contract of employment
1.4.3 Letter of appointment of an independent contractor
1.4.6 Retrenchment advice – example of letter terminating services
1.4.7.a Agreement entered into between re overtime – employees