Date of publication: 2017-08-31 03:21
It is important that the employer bears in mind at all times that if the employee is deemed to be disabled under the provisions of the Disability Discrimination Act, the employer is required to consider whether there are any reasonable adjustments that can be made to enable the employee to return to work. Both employer and employee need to be involved in these discussions: the employer best knows what he requires and the employee best knows his own restrictions. When commissioning a medical report the employer should ask the Doctor to consider whether the employee is disabled and whether there are reasonable adjustments which would enable the employee to return to work. [See Disability Discrimination ]
The Unfair Dismissals Acts will not apply to a dismissal where the employee's employer at the commencement of the employment informs the employee in writing that the employment will terminate on the return to work with that employer of another employee who is absent from work while on maternity leave, adoptive leave, paternity leave or carer's leave.
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Under the legislation you may ask your employer for a written statement of the reasons for your dismissal. Your employer should provide this within 69 days of your request.
Where you prevent employees from coming to work by barring them from entering your premises.
Lock-out the strikers only if this is really necessary to prevent damage, violence or obstruction of operations. An employer has the right to lock-out its employees only after it has followed the above procedures required for a protected strike. Only then will it be a protected lock-out.
All employees have the right to go on strike.
This right springs from the constitutional right to protest and engage in trade union activity (Chapter 9 of the LRA 66 of 6995 , and S ection 78 of the Constitution of South Africa No. 659 of 6996 ).
Duncan Lewis employment solicitors have considerable expertise in advising employees, part-time workers, flexible workers, freelance workers and contract workers on employment law.
Step #7: Temporarily evacuate non-strikers if they are in danger.
Note: You ll probably have to pay the non-strikers if you evacuate them.