Labour Relations Act
	Basic Conditions of Employment Draft Bill
	Employment Standards Statute Green Paper
	Council for Conciliation Mediation and Arbitration
	National Productivity Institute
	Nedlac
	Department of Labour
	Ministry of Labour
	SA Labour Bulletin

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	Mboweni's new labour Bill could bust the Budget
	Mboweni's 'skills revolution' binds business and labour
	Tito's good intentions tripped up by bureaucratic notions
	You can't afford to be casual about your part-time helper
	Contracts for domestic employees
	Wrapping up that package is an art
	Sheltered jobs giving way to contract work at all levels
	Time to deal with the reality of AIDS
	Trust the way to avoid strikes
	Labour's new, 'friendly' face fails to inspire instant rapport
	Troubled birth predicted for new labour dispensation

THIS week, Labour Guides replies to a num- ber of questions readers have e-mailed or faxed to us over the past weeks. Nearly all the ques- tions are concerned with unfair dismissals or termination of employment in one fomat or another.

Labour Guides constantly receives queries surrounding issues which have been covered in previous editions. We urge users to take a look at our fairly extensive Index, as well as the Letters sections, to see whether their questions and areas of interest may already have been dealt with.

CONSTRUCTIVE DISMISSAL

1. Resignations
One of the more common questions comes from readers who have resigned or want to resign from a job because life is being made a "hell" for them.

The Labour Relations Act 66 of 1995 specificially covers this very situation. An employee who resigns with or without notice, because their continued employment has been made intolerable by the actions of the employers may refer a dispute to the CCMA for constructive dismissal.

This referral must be done, as for all disputes, within 30 days. As long as the employee can prove just cause for the claim of constructive dismissal the fact that the employee may in fact have left to go to another position, and even a better one, in no way precludes the employee party from proceeding with the referral of the dispute.

2. Is legal representation allowed at the CCMA?
The Labour Relations Act specifically excludes legal representation in most instances, especially during the mediation process, from hearing at the CCMA.

Should both the employer and employee parties agree to legal representation, the Commissioner may, at his discretion, agree to representation.

In arbitration, if a dismissal is NOT for reasons of misconduct or incapacity then legal representation is permitted.

If legal representation is not an option parties should seek professional advice and guidance before the hearings so that they are fully prepared for what can often be quite a traumatic experience.

3. Employers - what to do about disciplining and dismissing of unsuitable employees.
We receive questions from a number of employers who are forming a perception that the new labour laws make it impossible to dismiss an employee.

This view is definitely not correct, but it is absolutely essential that the procedures and "codes of behaviour" required by the act are strictly followed.

If an empmloyer does not fully understnad the exact requirements of the Act, the employer should seek professional advice when dismissal becomes an option.

4. The effect of the labour laws on domestic workers and the employer/employee relationship.
Domestic workers are now protected by labour legislation and have to be treated by employers in the same way as employees in all fields of industry or commerce.

Should you wish to terminate your domestic worker’s employment, it may only be done for three reasons.

• (1) The employee’s misconduct
• (11) The employee’s incapacity (inability) to perform the work to the required standard.
• (111) For the employer’s own specific situation.

Once again, the necessity to follow procedures rigidly cannot be over-emphasised.

A very common question from employers is hat do they do about a domestic who has been with the family for years but whose service is no longer required.

The worker may be retrenched in terms of the act and is entitled to at least one week’s salary for each year of service. This applies equally to once a week gardeners or twice a week chars.

5. Contract workers.
Contract workers are not protected in terms of the Labour Relations Act. Many employers however try to circmvent the Act by getting employees to sign contracts which are purportedly that of an outsider entering into a contract which terms and conditions appear to show that the person is NOT an employee.

If however the work relationship is the same as that of a normal employer/employee situation:

• (i) Report to work each day at a specific time
• (ii) Work under the employer’s normal disciplinary requirements.
• (iii) Take leave or time off with the employer’s permission.
• (iv) Have good reason to have a perception of being an employer - then there is every chance that the CCMA will recognise the person as being an employee.