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The common law afforded the employee virtually no protection against unfair dismissal. Before the Labour Relations Act [33] (LRA), as long as the employer gave the required period of notice, dismissal or probation was acceptable. The common law focused only on the lawfulness of the employment contract itself; the reason for the dismissal was ...
Kylie challenged the CCMA's decision in the Labour Court of South Africa, where she was represented by Wim Trengove. [1] On 31 July 2008 in Cape Town, Acting Judge Halton Cheadle dismissed her suit. Cheadle held that the Labour Relations Act cannot be read to grant sex workers an enforceable statutory right to a fair dismissal. [3]
The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995 , and has a status similar to that of a division of the High Court .
Some companies begin employment with new employees on a probationary basis. An employee is hired for a trial period that gives the company an opportunity to evaluate an employee's job performance and conduct. The duration of the trial period, training guidelines and assessment standards should be outlined in this section.
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
In a workplace setting, probation (or a probationary period) is a status given to new employees and trainees of a company, business, or organization. This status allows a supervisor, training official, or manager to evaluate the progress and skills of the newly-hired employee, determine appropriate assignments, and monitor other aspects of the employee such as honesty, reliability, and ...
To prevent the employer alleging that the resignation was caused by a job offer, the employee should resign first and then seek a new job during the notice period. During the notice period, the employer could make the employee redundant [47] or summarily dismiss them, if it has the grounds to do so fairly. Otherwise, the reason for termination ...
A wrongful dismissal will allow the employee to claim monetary damages in an amount that compensates the employee for the wages, commissions, bonuses, profit sharing and other such emoluments the employee would have earned or received during the lawful notice period, minus earnings from new employment obtained during the lawful notice period.