HR Series Session 4: Disputes, Disciplinaries & Dismissals

The principle of fair labour practice is a fundamental right that is guaranteed in the Constitution of the Republic of South Africa which is the supreme law of the land.

Whether you are a small business owner, sole proprietor, partnership or large corporation, if you employ staff you should be equipped with the basics conditions of employment. Should a dispute arise, you must also be informed of the right steps to take. Most importantly, you must know what documentation to keep.

Topics Discussed:

• Disputes
  • Disputes – Different types of disputes
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  • Freedom of association;
  • Organisational rights;
  • Collective agreements;
  • Mutual interest issues;
  • Unfair dismissals;
  • Unfair labour practices; and
  • Unfair discrimination
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  • If you are an employee in dispute with your employer, or vice versa, over a matter such as:
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  • Dismissal;
  • Wages and working conditions;
  • Workplace changes;
  • Or discrimination you may want to ask the CCMA to conciliate or even arbitrate your dispute.
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  • A union or employers' organisation may also initiate this action. You do not need the other party's consent before taking a matter to the CCMA
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  • Speedier dispute resolution process called con-arb
• Disciplinaries
  • Disciplinary measures short of dismissal
  • verbal warnings for minor transgressions
  • written warnings for consistent misconduct
  • final warnings for persistent misconduct
  • Duration of Warnings
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  • a verbal warning should remain valid for 3 months
  • a written warning should remain valid for 6 months
  • a final written warning should remain valid for 12 months
• Dismissals
  • Fair reasons for dismissal
  • Dismissals for misconduct
  • Fair procedure
  • Disciplinary records
  • Dismissals and industrial action
  • Constructive dismissals
  • Guidelines in cases of dismissal for misconduct
  • Guidelines in cases of dismissal for poor work performance
  • Incapacity: Ill health and injury
  • Guidelines in cases of dismissal arising from ill health or injury