LABOUR LAW: LRA Amendments 2014 – get set…
The much contested and long delayed amendments to the LRA will finally take effect soon. The President has signed them and they’ve been published in the Gazette. We’re just waiting for the implementation date which is likely to be before the end of the year.
The significant amendments are:-more rights for minority union rights; a revamp of the rules for essential and minimum services; conditions for the extension of bargaining council main wage agreements to non-parties; streamlining the procedures for enforcing, rescinding and reviewing arbitration awards; still no need for strike ballots; allowing non-standard employees to participate in strikes; and deeming non-standard employees as permanent after three months service.
It’s a good idea for employers to take stock of their current and future headcount needs before the new law takes its course.
DISCIPLINE: It wasn’t me…it’s a plot!
Employees accused of misconduct often claim in disciplinary enquiries that someone has plotted against them to get them fired. Sometimes they identify the plotter – often they don’t. The plotters’ motives can vary from a grudge to a personal vendetta or to victimization for union activities. And the issue which caused the grudge can go back to an “old bone” incident which happened years ago.
The problem with plots and conspiracies is that they usually fail. They’re raised to distract attention from determining whether the employee actually committed the alleged misconduct or not. Of course there’re rare exceptions. A plot requires a measured consideration of proven or probable facts – and persuasive arguments. But conspiracy theories don’t usually survive even the most superficial scrutiny. They’re mostly created to cast the suspected employee as a victim and to “cloud the issues”. They’re typically vague accusations and sometimes even a bit sinister. This is not nearly enough to prove the existence of the plot.
There must be objective facts to prove the existence of the plot on a balance of probabilities. These facts are seldom produced at enquiries so the plots simply fade away and become irrelevant. An employer should challenge an alleged plot with precise questions to test whether it’s real or created – When? Who? Where? Why? How? The employee who alleges the plot bears the onus to prove it. So he or she must put up a very plausible story – backed with evidence. If not, it should be rejected and be used as an aggravating factor against a guilty employee.
PATRICK DEALE
labour lawyer & mediator Deale Attorneys
Email: [email protected]
Tel: 083 375 8771
Web: www.deale.co.za
Skype: patrick.deale
ONLINE LEGAL SERVICES:
I’m available to discuss your legal issues online by Zoom or Skype video conferencing. You’re welcome to call or email me to set up a time which suits you.
