3 Tips to Follow Over Lockdown by SA’s Experienced Labour Law Consultants
In such uncertain times because of COVID-19, hundreds of South African businesses are struggling to keep their doors open and maintain productivity. Over four in ten organisations in South Africa say that they do not have the financial resources to continue operating through a second wave, leaving many vulnerable to unfair labour practices. As one of the most experienced labour law consultancy firms in South Africa, we have outlined three vital tips to follow over the second wave of lockdown, and after.
- Retrenchments: Follow the Correct Procedure
In 2020, many businesses did not comply with section 189 and 189A of the LRA (Labour Relations Act) and had to pay large fines in compensation for non-compliance of retrenchments. In tough economic times, it’s normal to wear many hats. However, employers must understand that the CCMA only cares about following processes. In labour law, there is only one way to achieve a positive outcome. That is to know the law and follow the correct retrenchment processes.
- Dismissals: You Cannot Simply Dismiss an Employee in South Africa
An employer can catch an employee stealing on camera, discriminating on camera, or using drugs at work – on- or off-camera. They can dismiss the employee, yet still, land on the stairs of CCMA headquarters. How is that possible? Unlike the USA, South Africa favours both the employer and the law – and the law says you must dismiss workers fairly. Workers must receive warnings in terms of the company disciplinary code, signed, or acknowledged. After progressive warnings have been exhausted a disciplinary hearing must follow before a dismissal can take place. One mistake can see a business coughing up vast amounts of compensation or even reinstating the employee.
- Know Your Responsibilities During the Pandemic
The biggest buzzword right now is compliance – whether indoors or outdoors. Employers have responsibilities – from benefits and contingency remote working plans to labour law and health legislation compliance. To avoid claims by employees at a later stage, employers must implement the Occupational Health and Safety Act 85 of 1993 in the workplace. Employers must also follow the BCEA sick leave rules, including full pay, but only if the employee’s leave is still available.
Today, labour law consultants are critical to running any business successfully. Consultants provide organisations structure, knowledge, and legal advice to ensure organisations remain compliant and competitive. Whether you need assistance with a CCMA hearing or the drawing of labour policies, procedures, or best practices, CHA Group provides experienced labour law consultants in South Africa to help you resolve your case.