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CCMA

Effectively Managing Employees through Progressive Discipline

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Progressive discipline, which is also sometimes referred to as corrective discipline, is a strategy used to address and to correct employee behavioural or performance issues. Unlike punitive measures which solely focus on punishment, progressive discipline aims to correct and improve an employee’s performance or behaviour before more severe measures are taken.  It involves a series … Effectively Managing Employees through Progressive Discipline

Power of CCMA Commissioners to dismiss matters due to lack of diligent prosecution.

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The very purpose of the Commission for Conciliation, Mediation and Arbitration (‘CCMA’) is expeditious resolution in order to equitably serve those most vulnerable within society, to afford those persons whose road would be littered with ‘potholes’ in the pursuit of litigious relief – an easier and less formalistic route to justice.  A Commissioner presiding over … Power of CCMA Commissioners to dismiss matters due to lack of diligent prosecution.

Assault Outside Company Premises – Consequences for Employees

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One of the most serious offences committed in the workplace is physical assault. Although there might be certain justifiable defences for this type of misconduct, for example, provocation or self-defence, the Labour Court has adopted a very strict approach towards any form of assault in the workplace. Case Study In the unreported matter of Bombela … Assault Outside Company Premises – Consequences for Employees

Zero Tolerance Policies and Alcohol within the Workplace

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Employees being under the influence of alcohol whilst at work has many severe consequences for employers. An employee who is under the influence can become unruly and can furthermore be a safety hazard within the workplace. The CCMA and Labour Court have historically been strict in their approach to dismissing employees who are under the … Zero Tolerance Policies and Alcohol within the Workplace

Can an employer change a sanction recommended by an external chairperson?

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Many employers utilise the services of an external chairperson to chair disciplinary inquiries within the workplace. There may be times when an employer is unhappy with the sanction recommended by the chairperson and may wish to impose a harsher sanction on the employee involved. The question then arises whether this is permissible and if it … Can an employer change a sanction recommended by an external chairperson?

CCMA arbitration awards and the effects thereof

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The Commission for Conciliation, Mediation and Arbitration (CCMA) granted 8 arbitration awards against an owner of various Spar stores in favour of employees to pay R11 935 478.00 within 14 days. The reason for the award includes employees not being issued with a contract of employment, illegal deductions, pay for work on Sundays and public holidays, hiring … CCMA arbitration awards and the effects thereof

Can I force an employee to retire at a certain age?

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George Burns said: “Retirement at 65 is ridiculous! When I was 65, I still had pimples!” This might be the view of many South African employees, while others might feel the need to retire at 60 years old. Consistency regarding the retirement age needs to be applied by employers. What does the law say? Section … Can I force an employee to retire at a certain age?

Is consistently applying a workplace rule necessary?

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We are often faced with workplace misconduct where the employer has treated similar acts of misconduct by employees differently. Consistently applying disciplinary actions and sanctions for the same or similar acts of misconduct is paramount for appropriate corrective action. Failing which, the employer is placed at severe risk. Item 7 of Schedule 8, The Code … Is consistently applying a workplace rule necessary?

What is automatically unfair dismissal?

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Claiming unfair dismissal An employee could claim unfair dismissal through the CCMA in the following circumstances: a contract worker whose fixed-term contract is suddenly ended or renewed on less favourable terms, where the worker expected the contract to be renewed because it has often been renewed before a worker who was forced to walk out … What is automatically unfair dismissal?