human resources

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The CCMA, from time to time, suffers case backlogs and delays in resolving disputes. One of the reasons for this is the fact that the CCMA is overloaded with cases, and the caseload is constantly increasing.


On 18 March 2022, the Minister of Employment and Labour (Minister) published the ‘Code of Good Practice on the Prevention of Elimination of Harassment in the Workplace’ (Harassment Code). The Harassment Code is effective from 18 March 2022. The Minister has, simultaneously, repealed the ‘Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace’.


Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, one view is that a second disciplinary process might be justified if the employer is able to present evidence that:


In this article, Ian McAlister turns the focus to how this integration will improve internal relationships while leveraging off partner strengths.



The Rustenburg Platinum finding and the Shoprite Checkers finding that I discussed in previous articles show that arbitrators and judges are ready to overturn dismissals of employees who have committed serious offences.


Where the employer fails to attend an arbitration hearing the arbitrator is entitled to continue without the employer unless the arbitrator is aware of an acceptable reason for the employer’s absence. As the arbitrator has little or no way of testing the truth of the employee’s evidence he/she will most often accept the employee’s version and find against the absent employer. This is called a default judgement.


As organisation leaders get to grips with another challenging year, it is important to create nurturing and supportive environments to achieve long-term success and resilience. 


Dishonesty has traditionally been seen as a serious offence and one that could render an employment relationship intolerable. This is because dishonesty damages the ability of the employer to trust the employee. 


When an employer contemplates retrenching employees it is required by the Labour Relations Act (LRA) to first consult about this prospect before making any decision to retrench. Where the relevant employees belong to a trade union the employer is required to consult with that union on a number of issues, the most important of which is any means of avoiding job losses. 


Double Jeopardy occurs where an employee is punished twice for the same incident of misconduct or poor performance. Normally, such discipline would be found to be unfair. However, one view is that a second disciplinary process might be justified if the employer is able to present evidence that:


Human Resources (HR) plays an important role in developing, reinforcing and changing the culture of an organisation. The HR department is responsible for recruiting new employees as well as retaining current ones.


The potential penalty of R1 500 000 for a first offence highlights the seriousness with which the Department of Employment and Labour (DOEL) takes non-compliance and shows that they will not hesitate to bring the maximum penalty against defaulters.


Where the job itself is permanent it is dangerous to employ staff on anything but a permanent contract. This is firstly because the Labour Relations Act provides for fixed-term employees to have a reasonable expectation of renewal of their contracts at the expiry date.


Strikes in South Africa are as ‘normal’ as warm weather. However, strikes have more recently occurred less frequently probably due to the reluctance of unions to weaken the employer and to spark resulting retrenchments. In the light of this partial mindset change the Massmart strike that has entered its second week is somewhat unexpected.


Why is Human Resources (HR) so important in the workplace? HR helps to shape organisational culture by developing policies and practices, dealing with personnel management, supporting organisations in the recruitment process and providing training and development. HR is responsible for the policy of “performance” management. It monitors, evaluates and supports an organisation's workforce.


Human resources is the most important department in any company. It is the central hub for all of the employees and everything that they do. The HR department is responsible for recruiting and hiring, on-boarding, compensation and benefits, employee performance management, training and company culture.


There are four key HR functions that are necessary for your company to be successful. They are: Recruitment, Employee Development, Occupational Health and Safety, and Employee Management. Every one of these functions is crucial to the success of your business.


In the case of Maepe vs Commission for Conciliation, Mediation and Arbitration & another (CLL Vol. 17 June 2008) a senior commissioner at the CCMA was brought to a disciplinary hearing on charges of sexual harassment and improper or disgraceful conduct. A CCMA receptionist had accused the senior commissioner of having professed his love for her, blown her kisses and told her that he clutched her photo to his chest. 


In addition to Corona other illnesses result in work falling behind just when businesses are trying to recover from the lockdown. The challenge for employers is to distinguish the genuine cases of illness from those where employees are just sick of working.

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