Archive for February 2019

Prescription of Arbitration Awards

Section 11 of the Prescription Act 68 of 1969 deals with the periods of prescription in relation to legal matters. They range from 3 years to 30 years. Section 12 of the Prescription Act explains when prescription begins to run in a matter. Section 12 (1) specifically states that: “Subject to the provisions of subsections…

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Dismissal or Unfair Labour Practice

We are often asked the difference between a dismissal and an unfair labour practice. This article aims to clear up any confusion you may have. A dismissal is as a result of, if done procedurally correctly, a disciplinary hearing whether for misconduct or a no fault dismissal for incapacity or ill health. An unfair labour…

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Failure to Renew a Fixed Term Contract

Our firm recently had a client approach us who is a teacher. In 2017 he was appointed on a fixed term contract for 6 months. After the initial 6 months our client’s fixed term contract was extended for another 6 months. When the school year started in 2018 he was put on the teaching roster…

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The Complex World of Unfair Promotion Matters

Our Client who is employed by a large parastatal applied for an internal position. He was thereafter told that he was ranked first by the interviewing panel after the interviews had taken place. Soon thereafter it came to his attention that another Employee had lodged a complaint with the CEO directly, which was against Company…

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Resignation instead of disciplinary action

We recently had a client approach us because his former employee referred an unfair dismissal dispute to the CCMA. During the consultation the client informed us that after a heated discussion with the employee, the client indicated that he felt it was time to bring the employment relationship to an end. The following day the…

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No-fault dismissals: What is that?

In our law we have dismissals for misconduct as well as ‘no-fault’ dismissals. This article will focus on the latter but not in respect of operational requirements. ‘No-fault’ dismissals are ones related to the poor performance or ill-health of an Employee. Said differently, the Employee may be dismissed for something that is in fact out…

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Disciplinary Hearings: The Correct Procedure

When considering disciplinary steps against an employee, the employer should apply the principle of progressive discipline. In other words: a verbal, written or final written warning or a disciplinary hearing, if warranted. The employer could thereafter consult Section 188 of the Labour Relations Act 66 of 1995 (the LRA), as amended as well as Schedule…

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Representation at Conciliation and Arbitration and the associated difficulties

Once a matter has been referred to the CCMA (or Bargaining Council), the next step is for the Conciliation to take place. Remember from our previous article, a matter can be referred and later set down as a Conciliation-Arbitration alternatively if opposed by the Applicant (Employee) or the Respondent (Employer), the matter will be set…

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Follow up: Finally Achieving Justice

We previously posted two articles regarding this matter, the first titled “Unethical lawyers and the Dangers of Working with Them” and a follow up to that. As a quick recap it should be noted that our client (the employee) was awarded R 120 000.00 in an Arbitration award. We issued a Writ of Execution and…

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Con-Arb: Accelerated Disputer Resolution

In South Africa almost all disputes relating to the employment relationship are referred to the CCMA for resolution. The large volume of cases unfortunately means longer waiting periods in having your dispute resolved. S191 (5A) of the Labour Relations Act provides a solution to this; the Con-Arb process. The Con-Arb process is effectively a “short-cut…

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