NON-COMPLIANCE OF THE COLLECTIVE AGREEMENT
29 MAY 2018
Non-Compliance of the Collective Agreement:
The Council has the right to enforce compliance with the Agreement. The Secretary of the Council may request an Agent to investigate and may refer the matter to conciliation. The Agent may issue a compliance order, which calls upon a person to comply within a specified manner within a specified time period.
The Secretary of the Council may elect to refer the matter to arbitration and take such other steps as may be deemed reasonable. If the Arbitrator finds that any party has failed to comply with any of the provisions of the Council’s Collective Agreement, which is binding on that party, the Arbitrator may, in addition to any other appropriate order, impose a fine. Such award can be made an order of the Labour Court.
For any queries or concerns and to be sure that you are compliant, contact us today to assist you.
Probation DO’S and DONTS every employer should be aware of
It has become more and more stressful when it comes to employing new employees. You are always faced with the uncertainty of, whether or not, the new employee is the correct person for the job and if said employee will meet the required standards.
An effective tool the employer can implement is placing the new employee on a probation period where the newly appointed employee’s performance can be monitored.
It thus goes without question that probation is only related to performance, and performance-related issues alone.
Probation often gets misused or misunderstood by employers. The first and most probably biggest mistake the employer can make is using probation as a reason to ‘dismiss’ an employee for a misconduct related offence.
An example of this is an employee sleeping on duty, whilst still under probation, and the employer decides to dismiss the employee for the misconduct without adhering to any procedure. Thus, when an employee needs to be reprimanded for misconduct, the said employee must be treated as a permanent employee. Labour law and the employee’s rights will still apply to an employee under probation.