No, in terms of the code of good practice, schedule 8, formal proceedings to not have to be invoked every time a rule or standard is not met. A simple counselling session and allowing the employee to respond would suffice when issuing the warning.
Generally speaking, no one cannot do so without consent as it is a contractual amendment. However when an employer has a genuine operational rational to propose such amendment as an alternative to retrenchment the employer may then propose such amendment. The employee upon refusal of such change may then face retrenchment.
Yes you may do so when your operational requirements justifies it and especially when such proposals are deemed as alternatives to a retrenchment. This will require extensive consultations in terms of the Labour Relations Act as set out in section 189.
The Labour Relations Act allows an employer to commence with a retrenchment process under circumstances related to its financial, technological, structural or other similar circumstances. It must be kept in mind that the employer should always attempt to consider other alternatives first prior to embarking on such process.
In terms of section 198 B of the Labour Relations Act (employees who earn below the earnings threshold) may be placed on successive fixed term contracts for longer than three (3) months provided that the nature of the work is for a definite or limited duration or where the employer can show any other justifiable reason for fixing the term of the contract.
One may only deduct monies when there is an agreement to that effect. These deductions may not exceed 25 % of the employees monthly remuneration in total, and should not be made until the employee has been given the opportunity to make representations on why these deductions should not be made. A term of contract indicating consent to deductions would suffice. Statutory deductions are excluded from the principle of consent due to such being required in law, for example (PAYE and UIF).
Not necessarily, the Act refers to major and minor offences. Therefore an offence related to theft would result in dismissal, if proven at an internal enquiry as it is a major and serious offence, therefore no prior warning is required. For minor offences such as poor timekeeping the employer would first be required to institute “progressive discipline” in order to try and correct the employees behaviour. Upon the employee persistently failing to comply dismissal would be justified.
There is no legal indication or legislation that stipulate how long a warning should be valid for. The validity period of a warning is determined by an employers internal disciplinary code of conduct. Furthermore expired warnings may be considered especially when the employee persistently fails to comply and / or misconducts himself in the workplace. This is especially beneficial when the employer intends to demonstrate a trend of poor behaviour and where the employee is deemed as a persistent transgressor of the employers code of conduct.
Generally speaking a union would only be allowed onto your premises if they are a recognised union within your workplace to which organisational rights, such as access to the workplace, have been granted. Should no such agreement exist or rights have been recognised, then the union shall not have a legal entitlement simply just to enter your workplace, unless the employer consents to such.
Such recognition of rights shall only be subject to the union having sufficient and / or a majority of members in the workplace.
Generally speaking employees are required to follow due process when intending to embark on a strike, called a legal strike. However just going on a strike without following due process would render the strike as an “illegal strike”, in some cases employees may be justified in embarking on an Illegal strike where work conditions for example poses a serious and immediate risk or danger to the employees’ health and safety.
Yes you may discipline and even dismiss should the employees misconduct themselves during such strike action.
Polygraphs may be used in the workplace in various ways, however polygraphs itself cannot be used as stand alone evidence as proof of commission of an offence, the results may be used in support of other evidence to demonstrate that an offence was committed.