dismissal of an employee for misconduct should always be viewed as a last option and not a penalty in the true sense of the word. Termination should never be imposed hastily or in an improper manner. Under normal circumstances, terminating the service of employees in essence means ending the employment relationship. However, if this is not done fairly, it may very well happen that an order is eventually made for the employment relationship to continue in other words to reinstate the dismissed employee. – First and minor offences usually warrant counselling apart from warnings in order to help – the employee understand the importance and nature of required behaviour. In respect of second-, and third-time offences, where sanctions will generally have to become progressively more severe in order to rectify (or eliminate) undesirable behaviour, time limits will normally have to be applied. Depending on the type of offence, warnings can be taken to cease to apply after a of, for instance, three to twelve months. In order to “clean period” incorporate the principle of progressive discipline, other types of penalties that may be warranted (depending on the relevant circumstances) include suspension without pay (only if the parties agree to this), or demotion (which, similarly, cannot be imposed unilaterally), before dismissal as a last option may be decided upon. Role and functions of the CCMA The Labour Relations Act provides for the establishment of the CCMA, which is supposed to be independent of the state, any political party, trade union, employer, employers’ organisations, federation of trade unions or federation of employer’s organisations. The CCMA is governed by a governing body, consisting of a chairperson and nine other members (labour, employers and the state, each represented by three persons), each nominated by NEDLAC and appointed by a minister to hold office for a period of three years, and the director of the commission. The CCMA has jurisdiction in all the provinces of South Africa. The functions of the CCMA can be broadly grouped into four categories: Detailed provision is made in the Act for the settlement of different types of disputes through conciliation, mediation and arbitration. In an effort to settle a dispute, a commissioner may try many techniques, such as mediation, conducting a fact-finding exercise or making recommendations to the parties, which may be in the form of an advisory arbitration award.
dismissal of an employee for misconduct should always be viewed as a last option and not a penalty in the true sense of the word. Termination should never be imposed hastily or in an improper manner. Under normal circumstances, terminating the service of employees in essence means ending the employment relationship. However, if this is not done fairly, it may very well happen that an order is eventually made for the employment relationship to continue – in other words to reinstate the dismissed employee. First and minor offences usually warrant counselling apart from warnings – in order to help the employee understand the importance and nature of required behaviour. In respect of second-, and third-time offences, where sanctions will generally have to become progressively more severe in order to rectify (or eliminate) undesirable behaviour, time limits will normally have to be applied. Depending on the type of offence, warnings can be taken to cease to apply after a “clean period” of, for instance, three to twelve months. In order to incorporate the principle of progressive discipline, other types of penalties that may be warranted (depending on the relevant circumstances) include suspension without pay (only if the parties agree to this), or demotion (which, similarly, cannot be imposed unilaterally), before dismissal as a last option may be decided upon. Role and functions of the CCMA The Labour Relations Act provides for the establishment of the CCMA, which is supposed to be independent of the state, any political party, trade union, employer, employers’ organisations, federation of trade unions or federation of employer’s organisations. The CCMA is governed by a governing body, consisting of a chairperson and nine other members (labour, employers and the state, each represented by three persons), each nominated by NEDLAC and appointed by a minister to hold office for a period of three years, and the director of the commission. The CCMA has jurisdiction in all the provinces of South Africa. The functions of the CCMA can be broadly grouped into four categories: Detailed provision is made in the Act for the settlement of different types of disputes through conciliation, mediation and arbitration. In an effort to settle a dispute, a commissioner may try many techniques, such as mediation, conducting a fact-finding exercise or making recommendations to the parties, which may be in the form of an advisory arbitration award.