By Cecilia Brummer of Chennells, Brummer & Associates
This question was answered in the affirmative in Commercial Workers’ Union of South Africa obo Moremi / Nandos Chickenland - (2013) 22 CCMA 8.8.1
The importance of the establishment of reasonable workplace rules and the knowledge of such a rule and the subsequent consequences of a breach of any such rule is once again confirmed in this matter.
The applicant employee, a cleaner, was dismissed after being found in possession of three sachets of sugar. He claimed that that he had found the sachets among dirty dishes and had put them
Written by Julie Roper
For many, the need to talk to Human Resources won’t be over something pleasant. It could be a number of things: a complaint over working conditions; a grievance at consistently being denied promotion; or to report being harassed If these issues are not resolved quickly, the individual affected could resign in a manner that could amount to constructive dismissal. If complaints are left to fester, it can sometimes feel that the Human Resources department of the company you work for doesn’t care for humans at all, but only rigid policies and procedures. The way that each situation of conflict
By lvan lsraelstam, Chief Executive of Labour Law Management Consulting. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address:
Over the past two months my articles have examined the labour law term ‘unfair’. I suggested that the act of an employer would be seen in labour law to be ‘unfair’ if it infringes the employee’s rights, is one-sided, unnecessary and/or inappropriate under the circumstances. I also warned that it is extremely difficult for employers and employees to decide when the courts will judge an act to be unfair.
An excellent example of this difficulty is evidenced in the case of Modise and others vs Steve’s Spar Blackheath (2000 5 BLLR 496). In this case there was no
Read more: Dismissal of Strikers an Intimidating Prospect for all HR and IR Practitioners
By Cecilia Brummer of Chennells, Brummer & Associates
CASE SUMMARY: Ramsden / Roche Products - (2013) 22 NBCCI 6.13.1
The employee was subjected to a disciplinary hearing for ‘ghost calling’ but resigned before the sanction was handed down but after she had been found guilty. She then claimed constructive dismissal.
It is confirmed in this matter that there needs to be a direct link (causal nexus) between the conduct of the employer which needs to render the continuation of the employment relationship intolerable. In this matter the Applicant stated in her resignation letter that
Johannesburg - The National Treasury says pensioners could get more when they retire if retirement income charges are reduced.
David McCarthy, the National Treasury retirement specialist, said that the Government hoped that the latest discussion paper on retirement fund income charges will improve
Read more: Reduced retirement charges could double pensioner's benefit
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