Dismissals for Poor Work Performance – an Employer’s Guide.
Employers should ensure that probationary and non-probationary employees are, amongst other things, aware of the required performance standards applicable to their position, give employees necessary guidance, counselling, mentoring and training to ensure satisfactory service, and to allow reasonable time for employees to improve the standard of their work performance. It is imperative that employers ensure that any dismissals relating to poor work performance are fully compliant with the Act and the Code of Good Practice: Dismissal (and any other applicable labour legislation).
Can CCMA arbitral awards be reviewed and if so, how?
The Labour Relations Act 66 of 1995 (“LRA”) does not make provision for an award made by the Commission for Conciliation, Mediation and Arbitration (“CCMA”) to be appealed by an unsuccessful party. The reason being that an arbitration award issued by the Commissioner presiding over the arbitration is considered to be final and binding. However, more...
Paternity Rights: Finally a reality
For many years the prevailing body of case law and statutory development in the area of leave occasioned by the birth or prospective birth of a child has dealt almost exclusively with maternity and not paternity rights. The law as it stands on maternity leave is well known and governed by the corresponding provisions of more...