CCMA commissioners come down harshly upon employers – 15 November 2016

South Africa has possibly the most prescriptive and restrictive labour legislation in the world. Dismissals have to be both procedurally correct and substantively fair. Even if dismissals fulfill this requirement; many are challenged because although a CCMA application might be frivolous and vexatious; punitive costs awards against an ex-employee are seldom made. Conversely, however, CCMA commissioners can come down harshly upon employers. They are empowered to order the re-instatement or re-employment of dismissed employees; with up to 12 month’s remuneration. Any employer who wishes to take an arbitration award on review to the Labour Court, must in such cases, furnish “security……..equivalent to 24 month’s remuneration “. (Section 145 (8) (a) of the Labour Relations Act).

Moreover, wildcat strikes and industrial action are now the norm.

Our team of practitioners is ably led by Dr. Alec Wainwright. He has a 3 year tertiary qualification and Bachelors, Honours , Masters and Doctoral degrees. As an accredited part-time CCMA commissioner he mediated and arbitrated many disputes.

He has been an expert witness before the Supreme Court, a Chairman of Conciliation Boards, served on a Commission of Inquiry into industrial unrest and he has presented papers at international conferences.

We can assist you to obviate or minimise the prospect of labour disputes.

  1. We train your staff on the implementation of proper procedures and the Act.
  2. We conduct a comprehensive audit of all your company’s policies and procedures and if these are inadequate or deficient;
  3. We replace them with policies and procedures that have withstood rigorous examination at both the CCMA and the Labour Court.
  4. We provide advice or hands-on assistance with retrenchments, dismissals, negotiations on wages and conditions of service and recognition agreement negotiations with militant trade unions etc.
  5. We assist with the formulation of disciplinary charges.
  6. We assist employers during strikes, lock-outs, go-slows or any industrial action.
  7. We chair disciplinary enquiries
    • Thereby being entitled to be your expert witness at any subsequent CCMA or Labour Court proceedings
  8.  Alternatively, we draft your statement of case at the aforementioned tribunals and we represent companies at CCMA arbitrations.

We look forward to working both with and for you in auditing your company’s policies and procedures, being available to guide you through all labour issues; thereby reducing your CCMA cases.

Talk to us today about other solutions to help your business achieve its objectives. Contact us on 011 483 1190 or to find out how we can help you manage your Employment Equity sustainability.

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