PLAYING BY THE RULES
15 MAY 2018
Failure to re-employ an employee is when an ex-employee has a reasonable expectation of being re-employed … which expectation comes to naught. In this case, the expectation is created by a pre-existing agreement and failure to give effect to the agreement is deemed to be akin to unfair dismissal.
Section 186(1)(d) of the Labour Relations Act (the “Act”) deals with selective re-employment, where “an employer [who] dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another”. Such an agreement is usually made in the wake of a mass retrenchment, where retrenched employees are promised the chance at re-employment should suitable vacancies arise in future. But the section does not require a collective agreement and any valid agreement, including a mutual separation agreement, voluntary termination agreement, or medical lay-off agreement will do equally well.
Employees alleging a failure to re-employ in terms of an agreement must prove the existence of the agreement which imposes the obligation to re-employ upon the employer. A mere ‘intimation’ of re-employment is not sufficient.
For the purpose of such an agreement, what would constitute a “suitable” vacancy? It is commonly accepted that the employee alleging a failure to re-employ must also prove that they are qualified for the vacant position in question. In the case of Bosal (Afrika) (Pty) Ltd vs NUMSA obo Botha  3 BALR 325 (IMSSA) the dismissed employee could not prove that he had the necessary skills for the position and the court held that the externally sourced job applicant had been fairly appointed.
If an employer appoints a new employee to perform a retrenched employee’s work in breach of a rehiring agreement, that is held to be an unfair labour practice (OCGAWU obo Mapolie v Metlite Alloys (2002) 10 BALR 1058 (CCMA)). The hiring of a contractor to perform a retrenched employee’s work was held to constitute an unfair dismissal (NUMSA obo Dayimani and Wire Products Stainless Steel (2004) 25 ILJ2116 (BCA)).
The LRA does not require that employees be rehired on the exact same terms and conditions of employment as were previously in force but if the vacancy can be regarded as being substantially similar, it would be safest to allow the ex-employee the right of first refusal before the position is advertised.
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For more than 15 years Tentickle Tents has been at the forefront of the tent design and manufacturing revolution. We have in this time established a name for themselves as innovators in their field, and have provide some of the biggest brands, best events venues, and some of the most popular restaurants and hotels with semi-permanent and portable tent structures. The reason for their enduring popularity is clear, as our tents offer:
Our restaurant tents can be used almost anywhere! They are perfect for pitching both indoors and outdoors, but most importantly they can easily be attached to an existing structure to increase floor space in a cost effective and safe manner. Additionally, they can be set up multiple different terrain types, including terraces, slopes, and even in and around trees and rocks as well is indoors.
Tentickle might be a South African company, but our tents are used in many countries around the globe. Because of this our tents are manufactured to meet and even exceed some of the strictest international safety regulations. They are manufactured to be UV protected, waterproof, fire resistant and they are able to stand up to even the harshest of South African winds. Our tents even include removable sidewalls that help to protect your restaurant patrons from the elements in any season.
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http://www.tentickletents.co.za/3d-tent-drawings/ and not overwhelm it, our tents are as beautiful as they are memorable. Available in a multitude of colours, our tents can even be branded with your restaurant name or a sponsor’s logo in such a way that they remain an attractive addition to your restaurant and not a gaudy advertising slogan.
Why build on additional restaurant floor space at great cost when you can purchase a Stretch Tent from us? Available in stretch tent prices that will be able to suit your pocket, now you can save both time and money by attaching a Tentickle Tent to your restaurant and instantly adding to your undercover seating area.
From the very first moment you see our Stretch Tents in action, it is evident that our tents are perfect for almost any occasion at any type of restaurant. From gourmet grills to places serving pub grub, we can provide the right tent for you. In fact, we’re so confident in our product that we provide a 3D Drawing Service to help you visualise how our tents can enhance your restaurant before you even commit to allowing us to provide the expanded floor space that you need.
If you would like to find out more about expanding your restaurant floor seating space through the use of Tentickle Stretch Tents then please don’t hesitate to contact us. Alternatively, if you would like to find out more about pitching one of our stretch tents, then please visit the Stretch Tent Installation Manuals page on our website.