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The incarcerated employee leaves employers in cuffs
(
05 November 2008
)
Employers are often faced with absenteeism as a result of employees being imprisoned on the suspicion of committing an offence, or being refused bail after their first appearance. In such circumstances, employers are left to determine when, if, and how, they can go about terminating the employment relationship. As recent case law suggests, these questions should not be considered lightly.
Regulating Labour Brokers
(
05 November 2008
)
Cosatu is calling for the ban of labour brokers following such very action having been recently taken in Namibia. This has further prompted the Department of Labour to draft regulations outlining new requirements for the registration of staffing organizations and has proposed the creation of an "employment services system" which will see all job vacancies, and all appointments made, reported to the government.
Limits on back-pay in cases of retrospective reinstatement
(
01 October 2008
)
In the case of Equity Aviation Service (Pty) Ltd v CCMA & Others, Equity dismissed the third respondent, Mawelele, in March 2001 after finding him guilty of misconduct. Mawelele referred a dismissal to the CCMA, where the Commissioner ruled that the dismissal was both substantively and procedurally fair (March 2002). In May 2002, Mawelele subsequently instituted a review application for the setting aside of the arbitration award, which the Labour Court duly did.
Employer ordered to pay minimum wages
(
01 October 2008
)
The Labour Relations Act 65 of 1995, as amended, (" LRA") regulates collective bargaining as envisaged in the Constitution. Bargaining Councils are established to regulate disputes between registered employer and employee representatives. Collective agreements are entered into.
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