Frequently Asked Questions
Trigon Labour Solutions – Centurion questions
Yes. We can assist clients nationwide and are not restricted to any area.
We offer both ad hoc services and retainer plans.
We normally first establish what the requirements and needs of the clients are and which option would be most beneficial to them.
If it is a once-off matter that do not need pro-longed services, we recommend that we provide a quote for the services needed to finalise the matter as soon as possible.
Employers needing frequent advice, help with contracts, policies, disciplinary hearings etc. will benefit more from our retainer agreements. We have set plans, but we can also customise it according to the client’s needs.
We are able to assist Employees, however our range of assistance is limited since most processes are internal. We can however still assist by advising and preparing Employees for the necessary processes and assist with the drafting of grievance documents and/or other communication to the Employer.
At Trigon Labour Solutions Centurion, every client is our priority. We are a small company and we guarantee personal service from our Director, Charmaine Coetzee. On occasion, we might need to obtain additional assistance on cases, but it will always be discussed with the clients first. With us, you are not just a number.
Labour Law questions
Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. As point of departure, the correct action or sanction needs to be determined from the code.
If the Employer does not have a code in place to guide them, they need to determine the seriousness of the misconduct and decide whether it warrants a warning or a disciplinary action.
When misconduct is determined to be serious, a disciplinary hearing needs to be held. This will entail drafting a detailed charge sheet to be drafted and issued, appointing an unbiased chairperson to chair the hearing and allow the employer and employee to state their respective cases. The chairperson needs to make and outcome and recommendation to the Employer, which may equate to a dismissal or sanction short of dismissal.
We highly recommend obtaining help from an expert in this regard.
Section 189 of the Labour Relations Act (“LRA”) permits employers to dismiss employees for operational requirements. These are defined as requirements based on economic, technological, structural or similar needs of the employer. This section sets out the procedural and substantive obligations placed on the employer to maintain a fair retrenchment process.
Section 189(2) of the LRA states that the consulting parties must attempt to reach consensus on the following matters:
- The possibility of avoiding the dismissal i.e. alternatives to dismissal;
- Appropriate measures to minimize the dismissals;
- Measures to change the timing of the dismissals;
- Appropriate measures to mitigate the effects of retrenchment;
- The method for selecting the employees to be dismissed; and
- Severance Pay.
It is a joint consensus-seeking process between the parties. The Employer should issue a notice, consult with the affected employees and give an opportunity for inputs. Selection criteria should be fair and selected employees should receive a severance package as described by the LRA.
If the process is flawed, the Employer might be challenged at the CCMA and Labour Court. It is therefore vital to ensure you obtain proper assistance from an experienced professional. Contact us today.
It is implicit in all employment contracts that the employee undertakes to perform according to the reasonable, lawful and attainable work performance standards set by the employer. Should the employee fail in this duty, then he is said to be “incapable” and the employer has the right to dismiss after following a fair procedure and ensuring that the dismissal is for a fair reason.
Substantive fairness is achieved by the employer proving that the employee actually failed to meet the work performance standard, despite having been given the necessary evaluation, counselling, training and guidance and despite having been afforded a reasonable time period in which to attain and maintain the required standard. These actions need to be explored by the Employer before embarking on any procedure to dismiss an Employee.
This process can be tedious, since the aim is to correct and assist the Employee before it comes to the point of dismissal.
Employers often wrongfully charge employees with disciplinary charges like negligence or insubordination, when it in fact comes down to poor work performance.
Employers are urged to ensure that they are following the correct process and according procedures.
Contact us today for advice and assistance.
The grievance procedure is the vehicle used by an employee when he has a grievance or complaint relating to his working conditions.
The employee should first bring their grievance to the attention of his manager, who must address the matter and try to solve it. If it remains unresolved, the manager must bring it to the attention of his/her own line manager, who in turn must try to solve the problem by interviewing the employee and the manager together, to discuss the issue and see if some agreement or solution can be reached..
The matter can be escalated to the highest authority of the Employer to attempt to resolve it, failing which the Employee can refer the grievance to the CCMA for assistance.
Employees need to ensure that they follow this procedure before deciding to resign and take the Employer to the CCMA for constructive dismissal, since the CCMA may dismiss the case as there was an alternative available to the Employee other than resigning.
It is in the best interest of both parties to attempt to resolve disputes amicably and restore the relationship between them.
If you need assistance with drafting the grievance or handling it on behalf of the Employer, we can assist.