The role of a recognition agreement at the workplace
I have been approached by a trade union to enter into a Recognition Agreement with them. The trade union is of the opinion that it is entitled to be recognised at my business given that they represent a certain number of employees. Do I have to enter into discussions with the trade union? A trade […]
Dismissing an employee for racism
There are different reasons why an employer might consider firing an employee. After teacher Keith Arlow had been fired from St John’s College in Johannesburg for being found to have victimised pupils based on their race, the question of dismissal due to racism was brought up. Initially, Arlow was issued with a final written warning, […]
Can I bring my attorney with to an internal disciplinary hearing?
According to item 4 of the Code of Good Practice (“the code”), the definition of dismissal contained in Schedule 8 of the Labour Relations Act (“LRA”) states that, when an employee is charged with misconduct, “[t]he employee should be allowed… the assistance of a trade union representative or fellow employee”. However, what happens in the […]
Am I still protected without an employment contract?
This article looks at the continued relevancy of the employment contract in legal practice today. In 2014, the legislator amended section 186(1)(a) of the Labour Relations Act, 66 of 1995 (LRA), which deals with unfair dismissals, by removing the words “contract of” within the definition, leaving only the word “employment”. This gives the idea that […]