Human Resource

"Despite the seniority of candidates that we deal with in the head-hunting sphere, clients still find it necessary to request "strong communication skills? as a key requirement when we undertake a search. At first glance this may seem a redundant request - after all, surely good communication skills go hand-in-hand with a certain level of professionalism and experience? Not so! And the corporate world is well aware of this'.

Accsys, a national provider of HR and payroll management software solutions, has successfully managed the migration of its client, Smiths Manufacturing (Pty) Ltd. and Smiths Plastics (Pty) Ltd., from a Dos-based Nugen Payroll system to the Windows-based Accsys PeopleWare platform. The change in systems has taken place across the company and has already yielded a return on investment claim Smiths representatives.

Is the CCMA now a "whistle-stop"? If the employer's decision to dismiss doesn't make the Commissioner whistle, then no re-instatement should be ordered. The Labour Appeal Court follows the Supreme Court of Appeal's Rustenberg judgement.

Does approaching the CCMA for appointment of a facilitator for mass retrenchments(s189A), remove the Labour Court jurisdiction over mass retrenchments? Can the CCMA grant condonation for late filing of a mass retrenchment dispute?

LAC rules that CCMA has jurisdiction over a misconduct dismissal, even if the matter is referred to the Labour Court, the Court should examine the true reason for the dismissal, that is adopting a "substantive" approach rather than a "formalistic" one. In this case the reason for dismissal was misconduct, not pregnancy and the matter was referred back to CCMA for arbitration.

CEO narrowly risks imprisonment for non-compliance with CCMA award. The Labour Court could not order imprisonment because the CEO was not cited as a respondent. Ensure your CEO is aware of the implications of refusing to implement a re-instatement award.

Appointment and promotion disputes continue to raise interesting questions:- Can an applicant amend the referral form? Can procedural aspects be separated from substantive aspects in an appointment dispute? Can the confidential information of other applicants be disclosed?

Constructive dismissals are hard to prove, but after being expected to sign fraudulent cheques and having their authority undermined, the relationship of trust was broken. Failing to remedy the situation internally, a long-service employee resigned and successfully proved a constructive dismissal - winning the maximum 12 months compensation.

A legal showdown is on the cards between the Labour Department and a well-known furniture store which fired its employees because inspectors 'rescued' them from an unlawful lock in.

A probationary period does not equal a fixed term contract. Ensure that your fixed term contracts state explicitly the period of the contract - start and end date.

While the kick-off of the First Division 2007/08 football season has been delayed, one of its affiliates and top Limpopo based Dynamos Football Club has already been caught off-side for contravening sections of the Unemployment Insurance Act No 63 of 2001.

Results from an independent survey of graduate employers in South Africa - to be published on Monday 23rd July - show that employers are set to increase their vacancies by only 4.3% for start dates in 2008. In a similar fashion, over half of survey participants are only planning a "cost of living? rise in salaries for new graduates starting in their organisation in 2008.

The Johannesburg Labour Court has ordered two Kwik Spar employers in Bloemfontein and a marketing company to pay back over R400 000 in outstanding underpayments of its employee's salaries.

Sacrificing the "unfair labour practice" for "unlawful" breach of contract. Supreme Court of Appeal confirms that employee can lodge "unlawful" claim with the High Court.

Manpower SA (Pty) Ltd, local subsidiary of Manpower Incorporated, the global employment services giant with over 4,400 offices in 74 countries, has sold a 30% equity stake to MG and Associates, a 100% black owned Executive Search and Strategic Selection agency, specialising in the ITC sector.

Government and other stakeholders within the mining and energy sector have recommitted themselves to further advance the empowerment of women.

Justice and Constitutional Development Minister Brigitte Mabandla has inaugurated the first women lawyers? body, SAWLA, more than eight decades since women were first appointed as attorneys in South Africa.

Deputy President Phumzile Mlambo-Ngcuka has expressed her dissatisfaction at the low entry levels of women into the minerals and energy sector.

Prioritising women?s issues is key to advancing the nation, Deputy President Phumzile Mlambo-Ngcuka told delegates at the 4th annual Women?s Parliament.

There are many scare stories amoungst employers about attending proceedings at the CCMA. The convential wisdom is that it is part of a conspiracy against employers. Our correspondent has a different point of view - and suggests that managment should take greater responsibility.

At the executive level of South Africa?s corporate world there is no noticeable difference between the salaries paid to men or women. Yet it seems this is not always the case elsewhere in the world.

Employers are often warned to beware the Dirty Dozen when dealing with dismissal procedures in the workplace. But is this a fair interpretation of the laws - or scaremongering designed to drum up more business for consultants? We look at the facts.

Public Service and Administration Minister Fraser-Moleketi has officially unveiled an eight-pronged action plan to promote women?s empowerment and gender equity in the workplace.

Kay Vittee has left her role as General Manager: ABSA Contact Centres to assume her new role as the Managing Director of Quest Flexible Staffing Solutions. Quest, established in 1975, is a leading staffing organisation and a wholly owned subsidiary of Adcorp Holdings Limited.

The Tshwane Metropolitan Municipality is committed to ensuring women are represented in all spheres of the municipality?s senior management positions.

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