GHW Labour Consulting

GHW Labour Consulting We are qualified, admitted attorneys with more than 10 years’ experience in corporate labour relations management.

We provide services on all employment related matters.

As we all know (or ought know!), the CCMA Rules were amended in April this year. And then amended again following a Labo...
06/07/2023

As we all know (or ought know!), the CCMA Rules were amended in April this year. And then amended again following a Labour Appeal Court judgment in May!

Some of the pertinent changes relate to:
- compliance with POPIA where a party serves or files documents on the CCMA or the other party containing personal information;
- permitting ratification of documents not signed or signed by a person who is not entitled to represent a party in terms of the rules & allowing for a signature to include electronic signature;
- giving the commissioner the discretion to allow a late condonation application, which application can be made at referral or at any time of the proceedings;
- the establishment of picketing rules before the issuing of a certificate of non-resolution

Register for our online workshop on 4 October 2023 where we discuss the various CCMA processes and the impact of the amendments.

Click here to register: https://lnkd.in/dsFW_tpR

There is a very clear line between and (PWP). Misconduct requires fault on the part of the employee i.e. intent or n...
05/07/2023

There is a very clear line between and (PWP). Misconduct requires fault on the part of the employee i.e. intent or negligence whereas PWP is brought about by circumstances beyond the employee’s control. Misconduct attracts and PWP attracts training, guidance, support, time or counselling. Mistake one for the other and you will pay the price in court or at the .

Take Landsec in Landsec and Another v Commission for Conciliation, Mediation and Arbitration and Others (JR 819/07) [2009] ZALC 12 (29 January 2009), for example: Theo worked for Landsec as a caretaker of the building “Toronto House” for nine months when he was charged with poor work performance and having a bad attitude towards his work, and dismissed.

At the disciplinary hearing, Landsec threw everything, including the kitchen sink, at Theo and accused him of consuming alcohol while on duty, subletting rooms in the building, accommodating illegal immigrants and persons who were not allowed in the building, accommodating people in the basement for financial gain, failing to distribute pamphlets warning tenants about the presence of rat poison, failing to attend to tenants complaints, and subletting his room to another person. Laying it on even thicker, Landsec said that Theo also failed in his duties as caretaker in that he failed to open the security access gate to the building for the cleaners, thereby causing the building to remain dirty and failed to patrol and identify problems in the building. Various tenants had complained about Theo not being willing to assist them when requested to do so in his role as caretaker.

Enter the CCMA. The Commissioner lambasted Landsec for charging Theo with PWP but then leading evidence relating to misconduct and dismissing him for that reason. This was . The Commissioner took the position that the charges proferred against Theo related to and not conduct. Consequently, Landsec implemented the wrong procedure in dealing with Theo.

On review, the LC agreed with the Commissioner that Theo’s dismissal was both procedurally and substantively unfair. The Court stated that the requirements and the evidence to be adduced to show that the dismissal for misconduct was procedurally fair is different to what has to be shown in the case of dismissal for . Landsec was ordered to reinstate Theo without loss of income or any benefit, nearly four years after his dismissal!

Don't be Landsec. Avoid the pitfalls and register for our online Workshop: Poor Work Performance vs Misconduct on Friday, 22 September 2023 from 9 am - 12 pm

Who should attend this workshop:
HR professionals, IR professionals, Labour law practitioners, Line managers, Supervisors, Trade union representatives, etc.

Click here to book: https://lnkd.in/dSVX6vbi

The new CCMA Rules, effective 24 April 2023.
28/04/2023

The new CCMA Rules, effective 24 April 2023.

New CCMA Rules and CCMA Referral Forms, effective 24 April 2023. I'd you'd like to receive our newsletter by email, pop ...
26/04/2023

New CCMA Rules and CCMA Referral Forms, effective 24 April 2023.

I'd you'd like to receive our newsletter by email, pop us your email address in our inbox or mail us at [email protected].

13/04/2023

Tidbit for Employees: Refusing to sign Warnings

Warnings are a form of disciplinary action. In other words, it is a penalty.

In terms of our labour laws, your employer must apply progressive discipline. This means that the seriousness of the penalties increase upon repeat occurances of misconduct (there are instances where you may be dismissed for a first offence - more on this in another, later post). Warnings form part of your disciplinary record and might motivate your dismissal if you continue to commit misconduct.

Line managers do not always issue warnings fairly and sometimes issue warnings even when you did not break any rule or policy in the workplace.

Refusing to sign a warning does not mean that it does not go on your employee file. It remains valid, until either your employer revokes the warning or it is set aside by the CCMA or Bargaining Council as an unfair labour practice.

So, if you are unhappy with a warning issued to you and your appeal against the warning is unsuccessful (only if there is an appeal process in your workplace process), you may refer an unfair labour practice dispute to the CCMA or Bargaining Council and ask that the warning be revoked or cancelled. You have 90 calender days from being issued the warning to refer the dispute to the CCMA or Bargaining Council.

Our April 23 Employment Law Newsletter. Happy reading and a blessed Easter to those celebrating :-)
06/04/2023

Our April 23 Employment Law Newsletter. Happy reading and a blessed Easter to those celebrating :-)

What we offer:We Chair or Initiate: Disciplinary | Incapacity HearingsWe Draft: Employment Contracts | Workplace Policie...
03/04/2023

What we offer:

We Chair or Initiate:
Disciplinary | Incapacity Hearings

We Draft:
Employment Contracts | Workplace Policies and Procedures | Rescission Applications

We handle:
Strikes | Industrial Action | Retrenchments

We do:
Online Labour Relations Training

Email us at [email protected]

01/04/2023

Tidbit for Employers: Rescission of CCMA or Bargaining Council Arbitration Award

It sometimes happens that you only learn of an employee that has gone to the CCMA when you receive an arbitration award against your company which orders you to reinstate the employee or pay that employee an amount of compensation.

If you were not aware that the employee had gone to the CCMA in the first place OR you knew but have a valid reason for not attending the arbitration, you may bring a rescission application and ask that the CCMA set aside the arbitration award and reschedule the arbitration where you will get an opportunity to prove that the dismissal or labour practice was fair. You must bring this application within 14 calender days of becoming aware of the award.

If you don't bring a rescission application, the employee may enforce that arbitration award by attaching your company property to have it sold in ex*****on to satisfy the compensation award OR bring an application for contempt of court where you refuse to reinstate the employee.

Contact us for assistance in applying for rescission at [email protected]

31/03/2023

Introductory workshop to CCMA processes.

Contact us about the full online workshop: [email protected]

Employers, take note! If your employee commits to working overtime in his or her employment contract, that commitment is...
29/03/2023

Employers, take note!

If your employee commits to working overtime in his or her employment contract, that commitment is only valid for one year. That means after that year, the employee may refuse to work overtime.

20/03/2023

Tidbit for Employees: Severance pay / Retrenchment package

When you get retrenched, your employer must pay you severance pay equal to at least one week’s pay for each completed year of continuous service with that employer - Section 41(2) of the Basic Conditions of Employment Act 75 of 1997.

Kaaintie, you lose the right to that money if you "unreasonably refuse to accept the employer's offer of alternative employment with that employer or any other employer" - Section 41(4).

In other words, if your employer has a genuine need to retrench you and either:
1. offers you another job with that same employer; or
2. gets you a job somewhere else

BUT you unreasonably refuse to take that job, then you forfeit your severance pay.

Hot off the press re EFF planned national shutdown on 20 March 2023. The Court finds that the "national shutdown" is law...
18/03/2023

Hot off the press re EFF planned national shutdown on 20 March 2023.

The Court finds that the "national shutdown" is lawful but protesters are interdicted from shutting down schools, stores and businesses, blocking of public roads, etc

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