Trea sury sury Labour Department of Arbeid Departement van Labour Relations Act 66 Accredi 69 Labour Relations Act. Notice No. of Act Chapter I: Purpose, Application and Interpretation Chapter II: Freedom of Association and General Protections Chapter III. This Act sets out the laws that govern labour in South Africa. It is guided by Section 27 of the Constitution, which entrenches the rights of.
|Author:||Victor Bergstrom Jr.|
|Published:||5 July 2014|
|PDF File Size:||21.20 Mb|
|ePub File Size:||12.29 Mb|
|Uploader:||Victor Bergstrom Jr.|
- Labour Relations Act and Amendments — Department of Labour
- Honey Attorneys | Latest News
- Gazette Notices » Labour Relations Act No. 28 of
- You need a subscription to continue.
- 1. Purpose of this Act
- Gazette Notices / Acts
With the amendments, the new employer is automatically substituted in place of the old employer in respect of all contracts of employment. The section aims to protect employees against loss of employment while facilitating the transfer process.
Despite the amendment, there has been much academic and judicial debate on the issue.
Chm2web Web Online Help
The Aviation case sets a precedence and is being applied in various cases. For section to apply, there must be a transfer of an identifiable business by the old employer to the old employer as a going concern.
Each case must be determined on the facts. The effects and conditions of transfers are further discussed stating the consequences that flow and the remedies available to employees.
The result hereof is, therefore, that, if the evidence placed before the court establishes a fair reason to dismiss, which was present at the time of the dismissal, the dismissal is substantively fair. It does not matter, for purposes of establishing the substantive labour relations act 66 of 1995 of the dismissal, that such reason was not the subject of discussion during the consultation process.
Labour Relations : Purpose, Appilication and Interpretation
Even if this reasoning is correct as far as dismissals for operational reasons are concerned, recent jurisprudence emanating from the Labour Court is to the effect that one cannot apply it to dismissals for misconduct.
An employer may not, during arbitration, therefore, seek to justify a dismissal for misconduct for reasons other labour relations act 66 of 1995 those for which employee was dismissed. Sometimes a dispute exists regarding whether a dismissal has taken place, and it is necessary to resolve this dispute first, as a dispute regarding the fairness of a dismissal can clearly only be resolved once it has been established that the employee has, in fact, been dismissed.
Dismissal generally takes place when an employer terminates the employment of an employee, either with or without notice.
Labour Relations Act 66 of 1995 & CCMA Related Material 30e
Where an employee has voluntarily resigned the Court or arbitrator is not able to intervene as there has been no dismissal. Resignation is a unilateral act and does not require the acceptance of the employer. The Industrial Court, interpreting the very wide definition of an unfair labour practice in place at the time, found that, in certain circumstances, the refusal by an employer to accept a retraction of the resignation by the employee might be unfair.
However, the new Labour Relations Act does not include such refusal among its list labour relations act 66 of 1995 unfair labour practices.
Labour Relations Act | South African Government
The current position is, therefore, that an employer does not have to accept an employee's resignation in order for it to take effect, although it must come to the notice of the employer, and will not be effective until it has, and is generally not obliged to accept the retraction by the employee of his or her resignation.
In that case there was a considerable degree of provocation on the part of the employer. Labour relations act 66 of 1995 fact, the employee's termination of employment amounted, held the Court, to constructive dismissal in circumstances that amounted to an automatically unfair dismissal.
A labour relations act 66 of 1995 dismissal takes place where an employee terminates the employment but this termination was prompted or caused by the conduct of the employer.
The fact that the employee labour relations act 66 of 1995 his employment as a result of the employer's actions means that the termination was at the initiatives or behest of the employer. In terms of Section of the LRA, the onus is nevertheless on the employee to establish that there was a constructive dismissal and not a resignation.
The Labour Relations Act provides that the termination of the contract of employment by the employee, with or without notice, will be regarded as a dismissal if the reason for the termination was that the employer made continued employment intolerable for the employee.
Even if it is established that a constructive dismissal has taken place, it does not necessarily mean that the dismissal is unfair.