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Legal 2

AUTOMATIC TERMINATION CLAUSES MIGHT NOT BE LEGAL


You can inadvertently guarantee a temporary employee further employment

According to sections 193 and 194 of the Labour Relations Act (LRA) the awards and orders that can be made against the employer for unfair dismissal are as follows:

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INSUBORDINATION NOT ALWAYS DISMISSIBLE


Item 3(4) The Code of Good Practice: Dismissal (the Code) lists some examples of offences that might merit dismissal even in the absence of prior warnings. Included in this list is the offence of “gross insubordination”. ‘Insubordination’ means ‘refusal to recognise the superiority or authority of the position of a person higher up in the organisation hierarchy’.

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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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