What is Section 189 of the Labour Relations Act?
What is Section 189 of the Labour Relations Act?
Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer.
What is misconduct LRA?
INTRODUCTION. Misconduct is one of the grounds recognised by the law that may give reason for the dismissal of an employee. The law promotes the principle of progressive discipline. This means there should be efforts by the employer to correct employee’s behaviour by means of disciplinary actions.
What is dismissal for misconduct?
Dismissal for misconduct is said to take place when an employee culpably disregards the rules of the workplace. Most large employers have disciplinary codes which detail the offences deemed to justify dismissal or some lesser sanction.
What is a CCMA code?
promote consistent decision making in arbitrations dealing with dismissals for misconduct.” The guidelines spell out in detail the procedures that arbitrators are to use when arbitrating cases where unfair dismissal on the grounds of misconduct has been alleged. …
How long does a Section 189 process take?
between two and three weeks
Normally on average such a process takes between two and three weeks. We employee more than 50 employees and contemplate dismissing at least 10 employees based on the company’s operational requirements. In such instances the employer will have to follow the steps outlined in section 189A of the Labour Relations Act.
What is the difference between Section 189 and 189A?
189 deals with the situation where the employer wants to single out employees “here and there” as it were, and S. 189A deals with the situation where the employer wants to retrench at least 10 or more employees, and employs more than 200 employees.
What is the legal definition of misconduct?
Legal Definition of misconduct : intentional or wanton wrongful but usually not criminal behavior: as. a : deliberate or wanton violation of standards of conduct by a government official. b : wrongful behavior (as adultery) by a spouse that leads to the dissolution of the marriage.
What are acts of misconduct?
Typical examples of misconduct are theft, fraud, assault, willful damage to company property, intimidation, insubordination, unauthorised absenteeism, consumption of alcoholic beverages on company premises, arriving at work under the influence of alcohol or narcotic substance, arriving at work with the smell of alcohol …
Can you get dismissed for misconduct?
If, following a proper disciplinary procedure, you are found to be guilty of an act of gross misconduct, your employer will be entitled to dismiss you without any notice or payment in lieu of notice. Proven accusations of less serious misconduct might result in some type of formal warning.
Can an employee be dismissed for misconduct?
Dismissal for misconduct Generally, it is not appropriate to dismiss an employee for a first offence, except if the misconduct is serious and of such gravity that it makes a continued employment relationship intolerable.
What is the disciplinary code?
The purpose of a disciplinary code and procedure is to regulate standards of conduct and incapacity of employees within a company or organisation. The aim of discipline is to correct unacceptable behaviour and adopt a progressive approach in the workplace.
What are codes of good practice?
The Code is a guide for employers and workers on key aspects of promoting equal opportunities and fair treatment for people with disabilities. The objective of this code is to provide guidelines of good practice, in terms of the requirements of the Employment Equity Act.