What rights do employers have to discipline employees for misconduct perpetrated outside the workplace? While employers have very few rights under the Labour Relations Act (LRA) they do have the right to discipline and even to dismiss employees for work related misconduct. However, a dismissal will only be upheld by the CCMA, bargaining council or Labour Court where:
Ivan Israelstam explains in detail employee rights in terms of the Basic Conditions of Employment Act (BCEA), and how the Commission for Conciliation Mediation and Arbitration (CCMA) and the Labour Court may approach disputes, which combine BCEA disputes, with matters under the Labour Relations Act (LRA), such as unfair dismissal disputes.
Once a recruitment decision is made, the next step is to conclude an employment contract. Has employment started and does the new employee have rights from the date of signing the contract? What is the guidance of the labour courts?
This week Ivan Israelstam persuades employers to protect themselves by joining an employer organisation - so that they have protection at the CCMA. Ivan expresses the opinion that labour law provides very little protection for employers and that the protection of employees has been increasing over time. He provides examples from the cases.
Leadership skills and organisational ability are required by a union organiser as much as a supervisor or manager. Employer development and promotion policies and practices are likely then to identify someone who is a union member for promotion to a managerial or supervisory position. This week Ivan Israelstam quotes from a Labour Court case, which covers the employee rights and how the employer should handle the apparent conflict of interest.
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