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LABOUR BROKERS THE MEAT IN THE LABOUR LAW SANDWICH

The Labour Relations Act (LRA) provides that dismissal must be the last resort where the employer needs to remedy an employment related issue. This principle applies whether the problem relates to poor work performance, misconduct, job redundancy or incapacity due to illness or injury.

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WHEN IS A FORMAL DISCIPLINARY HEARING NECESSARY?


The Code Of Good Practice: Dismissal in Schedule 8 makes it clear that, while the disciplinary process can, under certain circumstances, be informal, the employee should nevertheless be told what case he has to meet and be given a proper opportunity to prepare and present his response.”

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THE POWERS OF CCMA COMMISSIONERS

In the interests of resolving labour disputes CCMA commissioners have been given a wide variety of powers including the power to:

• Subpoena witnesses and documents

• On authorisation, enter and inspect any premises on which any relevant document or other object is to be found

• On authorisation, remove and inspect any relevant document or other object

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BCEA and LRA GANG UP ON EMPLOYERS

The Basic Conditions of Employment Act (BCEA) entitles most employees to certain minimum rights as regards their terms and conditions of employment. These rights include, amongst others the right to:

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PRESIDING OFFICERS MUST BE UNBIASED


Employers too often get rid of employees for reasons unacceptable in law. Some of these reasons include:

  • The employer dislikes the employee for reasons unrelated to the workplace.
  • The owner wants a more attractive secretary
  • The employee is unwilling to grant her superior sexual favours
  • The employee has clashed with a key executive who has threatened to resign

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