The unfair conduct of an employer relating to refusal to reinstate or reemploy an employee in terms of an agreement S 186(2) (c) Former employees can be protected against refusal for re-engagement in terms of a prior arrangement. The unfair conduct of an employer relating to an employee suffering an occupational detriment on account of a protected disclosure (whistle blowing) S186(2) (d) requirements have to be me in this instance The employee must have made a protective disclosure The employer must have taken retaliatory action which amount to the employee suffering from an occupational detriment The detriment suffered must be on account of (the LRA) or partly on account of (the PDA) making the protected disclosure that is causation – Occupational detriment means in this instance; Any disciplinary action Dismissal, suspension, demotion, harassment or intimidation Transferral Refusal of a transfer or promotion, denial of appointment Subjection to a term of employment Subjection to a term of retirement that is altered or kept altered to the employee’s disadvantage Refusal for a reference threatened with the above or subject to any other aspect related to work security, employment opportunities etc. Protected disclosure is that related to specific persons such as lawyers, employer’s members of Cabinet, the public protector or Auditor general. A general protected disclosure includes that to the media. The employee must; Make the disclosure in good And reasonably believe and The information disclosed is substantially true Courts have generally protected employees by interdicting employers from any action after protected disclosures has been made. Chapter 8 Dismissal and Termination of Employment Introduction In terms of S185(a) every employee has the right not be unfairly dismissed. Dismissal in defined in S186 and an employee who alleges unfair dismissal must prove; That they are an employee Was dismissed in terms of one of the actions of S186 The burden of proof will then shift to the employer who must show the dismissal was not unfair by; Providing reasons substantive fairness – Showing due process was followed procedural fairness – Definition of dismissal Definition is covered in S186 covered below by a sub section.
The unfair conduct of an employer relating to refusal to reinstate or reemploy an employee in terms of an agreement S 186(2) (c) Former employees can be protected against refusal for re-engagement in terms of a prior arrangement. The unfair conduct of an employer relating to an employee suffering an occupational detriment on account of a protected disclosure (whistle blowing) S186(2) (d) requirements have to be me in this instance The employee must have made a protective disclosure The employer must have taken retaliatory action which amount to the employee suffering from an occupational detriment The detriment suffered must be on account of (the LRA) or partly on account of (the PDA) making the protected disclosure – that is causation Occupational detriment means in this instance; Any disciplinary action Dismissal, suspension, demotion, harassment or intimidation Transferral Refusal of a transfer or promotion, denial of appointment Subjection to a term of employment Subjection to a term of retirement that is altered or kept altered to the employee’s disadvantage Refusal for a reference threatened with the above or subject to any other aspect related to work security, employment opportunities etc. Protected disclosure is that related to specific persons such as lawyers, employer’s members of Cabinet, the public protector or Auditor general. A general protected disclosure includes that to the media. The employee must; Make the disclosure in good And reasonably believe and The information disclosed is substantially true Courts have generally protected employees by interdicting employers from any action after protected disclosures has been made. Chapter 8 Dismissal and Termination of Employment Introduction In terms of S185(a) every employee has the right not be unfairly dismissed. Dismissal in defined in S186 and an employee who alleges unfair dismissal must prove; That they are an employee Was dismissed in terms of one of the actions of S186 The burden of proof will then shift to the employer who must show the dismissal was not unfair by; Providing reasons – substantive fairness Showing due process was followed – procedural fairness Definition of dismissal Definition is covered in S186 covered below by a sub section.
MRL3702-text_book_summary.docx