Unfair Labour Practice: Job Grading

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Category: News Articles

Every employee has the right not to be: (a) unfairly dismissed or (b) subjected to an unfair labour practice.  Section 186(2) of the Labour Relations Act66 of 1995 defines an unfair labour practice in more detail:  “Unfair labour practice” means any unfair act or omission that arises between an employer and an employee involving – 

• unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee; 

• the unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee; 

• a failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement; and 

• an occupational detriment, other than dismissal, in contravention of the Protected 

• Disclosures Act, 2000 (Act No. 26 of 2000), on account of the employee having made a protected disclosure defined in that Act.

Tshabalala v University of South Africa(2018) 9 BALR 1032 (CCMA)is a recent arbitration decision that highlighted an unfair labour practice which related to remuneration and job grading. An employee after commencing employment with her employer as a switchboard operator was elevated to the post of project manager.

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How Learning Agile are you? Take the test!

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Category: News Articles

Participate in the South African Learning Agility in HR study and test your own agility.

Do you ask your colleagues for help if you need to do something new at work? Or do you prefer to figure it out by yourself? By measuring your Learning Agility, you will discover how you deal with new situations.

Introducing the Learning Agility in HR Research Study

HFMtalentindex, in partnership with HRworks, HRPulse, IPM, HR Network and the Singularity Company, are carrying out a South African study into the Learning Agility of HR professionals.

The South African HR landscape is swiftly changing in response to the demands of increased competition, technology, big data and more. In five to ten years, there will be virtually no jobs or functions within HR that have remained unchanged. We want to find out how agile HR is, and needs to become, in the face of these changes.

Click here to do the test and download your own report.

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Sick Leave Abuse, Poor Performance and The Disciplinary Code

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Category: News Articles

Absenteeism and poor performance are without a doubt two of the most challenging employment management issues that employers struggle with on a continuous basis. Employers become despondent about the impact on productivity and service levels, and increasingly frustrated with employees who are unreliable and cannot be trusted to deliver. Looking for a quick fix when reaching the point where frustration levels become intolerabl,e is not the answer.     

INTRODUCTION

Absenteeism and poor performance are two of the most unmanaged areas in the workplace – which can be due to fear of conflict, procrastination, lack of control and in many instances, lack of knowledge.

We are regularly contacted by employers who have reached a point where they have no tolerance left for problems with an employee in this regard and then want a quick solution for ending the employment relationship, usually in the form of a disciplinary hearing on a charge of “sick leave abuse” or “poor performance”, as mentioned in their disciplinary code.

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