OLGA KOSHEVA AND OTHERS APPLICANT GAUTENG DEPARTMENT OF HEALTH FIRST RESPONDENT PUBLIC HEALTH AND WELFARE SECTORBARGAINING COUNCIL THIRD RESPONDENT
|
|
- Denis Lawson
- 6 years ago
- Views:
Transcription
1 1IN THE LABOUR COURT OF SOUTH AFRICA HELD IN JOHANNESBURG In the matter between: CASE NO: JR 2328/05 OLGA KOSHEVA AND OTHERS APPLICANT AND GAUTENG DEPARTMENT OF HEALTH FIRST RESPONDENT MR C S MBILENI N.O SECOND RESPONDENT PUBLIC HEALTH AND WELFARE SECTORBARGAINING COUNCIL THIRD RESPONDENT JUDGMENT MOLAHLEHI AJ Introduction 1] This is an application terms of which the applicants seek an order to review and set aside the arbitration award issued under case number PSHS /05, dated 11 July ] The applicants raised a point in limine concerning the late filing of the first respondents answering affidavit and the respondent on the other hand 1
2 raised a point in limine concerning the locus standing of the first applicant. Locus standi 3] Before dealing with other issues in this matter, it seems to me appropriate to dispose off the issue of locus standi as raised by the respondent. 4] The respondent contended that Mr Kocks, the deponent to the founding affidavit, did not have locus standi to bring this application because he failed to proof this fact in his founding affidavit. In this regard the respondent contended that the applicant has failed to make averments in his founding affidavit and attach supporting affidavits to show that he had indeed been authorized by the other applicants to bring this application. 5] In my view fairness to both parties requires that rather than resolving the matter on the basis of a technicality, attention be had to the real issues that is confronting the parties at the workplace. However, having said this I will deal with the point raised by the applicants concerning the late filing of the answering affidavit by the respondent. Background facts 6] Facts in this case, are common cause. The applicants are doctors employed by the first respondent at its Leratong hospital in Gauteng. 2
3 7] The dispute concerned the interpretation and application of the Commuted Overtime Policy. This policy was negotiated and agreed to between the four representative trade unions at the workplace. This policy was introduced apparently with the view to solving problems that had arisen in the previous system. The policy provided for a number of options concerning overtime. The options were A, B, C, D and E contained in Circular 27 of Option E applied to the applicants. 8] Prior to 1997 the principles governing overtime as contained in the Basic Conditions of Employment Act 75 of 1997 (BCEA) were not applicable to the public service employees. The principles were introduced to the public service by the provisions of section 94 of BCEA which made the provisions of the BCEA binding on the state as an employer. 9] Significant changes were also introduced in the public service labour relations by the Labour Relations Act 66 of 1995 (LRA) which amongst other things introduced collective bargaining structures with inter alia powers to set conditions of employment. The LRA provides for the establishment of the Public Service Coordinating Bargaining Council (the PSCBC) whose main objective is to facilitate bargaining in the public service including coordination of Sectoral Bargaining Councils. The Sectoral Councils may adopt resolutions that may govern the terms and working conditions in their respective sectors. The resolutions of the Sectoral Councils have to be aligned to both the BCEA and the PSCBC 1
4 resolutions. 10] Clause 7.1 of Resolution 3 of 1999 of the PSCBC deals with payment of overtime to public service employees. It provides that the employer shall provide compensation for night overtime when; (a) an employer requires an employee, in writing, to perform paid overtime between 20:00 hours and 6:00 hours and the employee does not work at night. 11] Clause 8.1 provides that the employer may pay an employee a fixed monthly allowance to compensate for overtime if (a) the employee performs reasonable similar amounts of authorized overtime, Sunday work or night overtime from month to month, and (b) the employee agrees in writing. 12] The provisions of Resolution 3 relating to payment of overtime were interpreted in the Financial Manual (the manual) issued by the Department of Public Service (DPSA) on 19 August, The interpretation of a Resolution 3 is provided for under paragraph 5 of the manual. The overtime rates for Sunday and during the nights, which is the period between 20:00 hours and 06:00 hours, are calculated at two times her or his normal hourly remuneration. Their overtime rates at other times are calculated at one and a third times her or his normal hourly remuneration. Condonation Application 13] The respondent received the supplementary affidavit of applicants on the 5 2
5 May 2005, and filed its answering affidavit on 30th June 2006, a period of six weeks delay. The explanation for this delay is set out in the respondent s application for condonation and the essence thereof is that the delay was caused by having to wait for authorization to instruct counsel. The respondent also indicate that an approach was made to the applicants attorneys for an indulgence in this regard but was declined. 14] It is trite that when considering a condonation application the court has to exercise discretion whether or not to grant such an indulgence. The factors which the court takes into consideration in assessing whether or not to grant condonation are (a) the degree of lateness or non compliance with the prescribed time frame, (b) the explanation for the lateness or the failure to comply with time frames, (c) bona fide defense or prospects of success in the main case; (d) the importance of the case, (e) the respondent's interest in the finality of the judgment, (f) the convenience of the court; and (g) avoidance of unnecessary delay in the administration of justice. See Foster v Stewart Scott Inc (1997) 18 ILJ 367 (LAC). 15] It is also trite that these factors are not individually decisive but are interrelated and must be weighed against each other. In weighing these factors for instance, a good explanation for the lateness may assist the applicant in compensating for weak prospects of success. Similarly strong prospects of success may compensate an inadequate explanation and a long delay. 1
6 16] In an application for condonation, the applicant giving an explanation that shows how and why the default occurred shows good cause. There is authority that the court could decline the granting of condonation if it appears that the default was willful or was due to gross negligence on the part of the applicant. In fact the court could on this ground alone decline to grant an indulgence to the applicant. 17] Prospects of success or a bona fide defense on the other hand mean that all that needs to be determined is the likelihood or chance of success when the main case is heard. See Saraiva Construction (Pty) Ltd v Zulu Electrical & Engineering Wholesalers (Pty) Ltd 1975 (1) SA 612 (D) and Chetty v Law Society, Transvaal 1985 (2) SA 756 (A) at 765A C. 18] Depending on the circumstances of a given case, absence of a reasonable and acceptable explanation for the delay renders even excellent the prospects of success immaterial, and similarly absence of prospects of success will not assist even in the face of the most persuasive and good explanation for the delay. In those circumstance the accepted approach is that an application for condonation should be refused. In this regard see Melane v Santam Insurance Co Ltd 1962 (4) SA 531 (A) at 532C F, It has also been held by the courts that the applicant should bring the application for condonation as soon as it becomes aware of the lateness of its case Explanation for lateness 19] The period of six weeks delay is in my view a considerable period of delay 2
7 taking into account that the calculation of the delay is from the date of receipt of the supplementary affidavit of the applicants. At this stage the respondent was already in possession of the founding affidavit of the applicants. While the explanation is not satisfactory, it is not so unreasonable that it could be said to close the need for consideration of any other factors that may influence the consideration of the indulgence requested. 20] I now proceed to consider other factors, which influence the direction, that need to be taken in evaluating whether or not to grant condonation. Prospects of success 21] The applicants set out the grounds for review in their notice of motion in the following terms: 2 Determining the dispute between the parties on the record, alternatively referring the dispute between the parties back to the third respondent for arbitration be for an arbitrator other than the second respondent. 3. Directing that such of the respondents as may choose to oppose the relief sought herein be ordered to pay the costs of this application for review jointly and severally, the one paying the others to be absolved. 4. Further and /or alternative relief. 22] There can be no doubt that the above does not comply with the requirement of the provisions of s145 of the LRA which will be discussed in details later in this judgment. The found affidavit of the applicants does not assist, 1
8 as it does not take the case of the applicant any further than where the notice of application has left it. 23] In essence the grounds of review as raised by applicants in their founding affidavit is that the arbitrator incorrectly interpreted the provisions of Circular Letter 27 of 1998 in that he failed to agree with their argument. 24] The applicants contended that the dispute relates to the question as to which rate of remuneration should apply to compensate the applicants for additional overtime worked over and above 86 (eighty six) hours per month. They argued that whenever they work over time in excess of 86 (eighty six) hours a month, then in respect of hours worked after 20:00 and before 06:00 on weekdays and on Saturday they should receive double the ordinary tariff and not be remunerated at one third times the ordinary pay. 25] The pre arbitration minute, signed by the parties record the dispute as follows: 4 ISSUES TO BE DECIDED 4.1 In the first phase of the arbitration the parties require the arbitrator to decide Which agreement/ policy applies when doctors work in excess of eighty six hours a month in respect of hours worked after 20:00 and before 06:00 on weekdays and (in respect of all hours worked) on 2
9 Saturdays; and Whether the correct policy or agreement is being applied in respect of the employees employed at the Leratong Hospital. 4.2 Should the arbitrator find that the correct agreement / policy is being applied correctly at the Leratong Hospital, that will be the end of the dispute. 4.3 Should the arbitrator find the correct agreement / policy is not being correctly (sic) at Leratong Hospital, the employer shall then disclose to the employees and their attorney the rosters in respect of the employees from January 2002 to date and the official rate in respect of junior, senior and principal doctors (all three legs) from January 2002 to date, and the parties shall meet to resolve the amounts due to the employees in respect of back pay. 4.4 Should the parties not resolve the amounts due to the employees in respect of back pay within two months from the date of the award on the first phase, the employees may request the arbitrator to determine the amounts due to them and to make an appropriate determination and order in that regard. 26] It is evidently clear that on this basis alone it can be concluded that the respondent has exceptional prospects of success in defending its case when the merits are considered. In the circumstances the late filing of the respondent s answering affidavit is condoned. 1
10 The arbitration award 27] The arbitrator in his award found that: 5.8 Therefore the policy in terms of Option E for doctors must be interpreted as follows: That commuted overtime worked between 20hOO und 06h00 on weekdays and Saturdays be calculated at a commuted rate of 16 multiply by 1.3; That overtime worked on Sundays and/or on public holidays calculated at the rate of 16 multiply by 2 (double); That the contents of item 5.82 above are applicable to all the employees of the public service including doctors; and That both situations i.e, it concerns and comply with the provisions of the Basic Conditions of Employment Act In the circumstance, I find that there is no sufficient evidence before me to suggest that the policy on commuted overtime for doctors at Leratong Hospital is not applied correctly. 28] The arbitrator in his award found that the policy of commuted overtime was applicable to doctors within the department of health and also that the respondent did not commit an unfair labour practice in relation to how it calculated the overtime worked by the applicants. Grounds for Review 29] In essence the grounds for review as raised by the applicants concerns the 2
11 alleged incorrect interpretation of Circular Letter 27 of 1998 and the failure by the arbitrator to take into account the arguments of the applicants. The correct interpretation, according to the applicants is that the arbitrator should have found that commuted overtime should be interpreted on the basis of sixteen miltiplied by two whenever they worked overtime during the times referred to above. 30] The test for a review is not the correctness of the decision of the arbitrator but as stated in Carephone (Pty) Ltd v Marcus N.O. and Others (1998) 19 ILJ 1425 at 1435 paragraph 37, whether or not there is a rational objective basis justifying the connection made by the arbitrator between the material properly available to him or her and the conclusion he or she arrived at. 31] The rationality test was recently reaffirmed in the case of Rustenburg Platinum Mines Ltd v CCMA & Others (2006) 11 BLLR 1021 (SCA). The test for rationality is satisfied if there is reasonable logical connection between the evidential material properly placed before the arbitrator and his or her decision. 32] The question in this matter is therefore whether there is a rational connection between the evidence, as was properly placed before the arbitrator relating to the interpretation of the policy of commuted overtime. The question raised by the applicants is not whether the decision of the arbitrator justifiable and rational but whether it is correct. In fact their case is that the arbitrator s decision is incorrect because it does not agree with 1
12 their interpretation. 33] The case of the applicants is unsustainable. The arbitrator arrived at his decision after carefully summering the arguments of both parties and weighing them against each other. He then arrived at a rational conclusion that the respondent s interpretation of the policy was correct and that the respondent as a result of the manner in which it implemented the policy on commuted overtime did not constitute unfair labour practice. 34] I have no doubt in my mind that the circumstance of this case dictates that the costs should follow the result. 35] In the circumstances the review application is dismissed with costs. MOLAHLEHI J Date of Hearing : 31 May 2007 Date of Judgment: 19 September 2007 APPEARANCES For the Applicant: J D Vester of J D Vester Labour Law Offices For the Respondent: Adv M W Dlamini Instructed by : State Attorney 2
13 1
IN THE LABOUR COURT OF SOUTH AFRICA HELD IN CAPE TOWN CASE NO: C 277/05. In the matter between: SOUTH AFRICAN CLOTHING AND TEXTILE WORKER S UNION
IN THE LABOUR COURT OF SOUTH AFRICA HELD IN CAPE TOWN 277/05 CASE NO: C In the matter between: SOUTH AFRICAN CLOTHING AND TEXTILE WORKER S UNION APPLICANT FIRST J HEYNES SECOND APPLICANT AND CADEMA INDUSTRIES
More informationDEPARTMENT OF EDUCATION, EASSTERN CAPE JURISDICTIONAL RUILING
IN THE PUBLIC SERVICE CO-ORDINATING BARGAINING COUNCIL HELD AT PORT ELIZABETH CASE NO: NEHAWU obo PETROS APPLICANT and DEPARTMENT OF EDUCATION, EASSTERN CAPE RESPONDENT JURISDICTIONAL RUILING Background
More informationREPUBLIC OF SOUTH AFRICA LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGEMENT
REPUBLIC OF SOUTH AFRICA LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGEMENT Reportable Case No: JR 738/16 In the matter between: FAMOUS BRANDS MANAGEMENT COMPANY (PTY) LTD Applicant and COMMISSION FOR
More informationIN THE LABOUR COURT OF SOUTH AFRICA, DURBAN Not Reportable ETHEKWINI MUNICIPALITY
1 IN THE LABOUR COURT OF SOUTH AFRICA, DURBAN Not Reportable Case no: D 285/15 In the matter between: ETHEKWINI MUNICIPALITY Applicant And IMATU obo R NAIDOO THE SOUTH AFRICAN LOCAL GOVERNMENT BARGAINING
More informationPA RT A BARGAINING COUNCIL RESTAURANT CATERING AND ALLIED TRADES FOR CONCILIATION (INCLUDING C0N-ARB)
Page 1 of 8 READ THIS FIRST LRA Form 7.11. A copy of this form must be served on the other party. Proof that a copy has been served on the other party must be attached, such as - A copy of a registered
More informationARBITRATION AWARD. Ananthan Sanjivi Dorasamy. In the ARBITRATION between: PSA O B O MAPHUMULO T M. (Union / Applicant) and DEPARTMENT OF HEALTH: KZN
ARBITRATION AWARD Panellist/s: Case No.: Date of Award: Ananthan Sanjivi Dorasamy PSHS195-11/12 16-Nov-2011 In the ARBITRATION between: PSA O B O MAPHUMULO T M and DEPARTMENT OF HEALTH: KZN (Union / Applicant)
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
Reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: J 2834/16 J 2845/16 In the matter between: AMCU AMCU MEMBERS First applicant Second and further applicants
More informationREPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT
REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case No JR 2732/2010 In the matter between: MUSTEK LTD Applicant and JOSEPH TSABADI NO First Respondent THE COMMISSION
More informationIN THE COURT OF APPEAL OF NEW ZEALAND CA270/05
IN THE COURT OF APPEAL OF NEW ZEALAND CA270/05 BETWEEN AND NEW ZEALAND FIRE SERVICE COMMISSION Appellant NEW ZEALAND PROFESSIONAL FIREFIGHTERS UNION Respondent Hearing: 24 July 2006 Court: Counsel: Judgment:
More informationLabour Law Amendments RESOURCE GUIDE
Labour Law Amendments RESOURCE GUIDE March 2016 COPYRIGHT Unless otherwise indicated, copyright in this material vests in the Commission for Conciliation, Mediation and Arbitration. No part of this material
More informationTHE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT
REPUBLIC OF SOUTH AFRICA Not reportable Of interest to other judges THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Case no: C 853/15 In the matter between: ARMSCOR DOCKYARD, a division of ARMSCOR
More informationASSIGNMENT MEMORANDUM SUBJECT : HUMAN RESOURCE MANAGEMENT (HRM)
Page 1 of 5 ASSIGNMENT MEMORANDUM SUBJECT : HUMAN RESOURCE MANAGEMENT (HRM) ASSIGNMENT : 1 st SEMESTER 2010 QUESTION 1 [30] The purpose of this question is to determine students understanding of the concept
More informationPanellist/s: Eddie Tlhotlhalemaje Case No.: PSCB500-10/11 Date of Award: 06 JUNE In the ARBITRATION between:
AWARD Panellist/s: Eddie Tlhotlhalemaje Case No.: PSCB500-10/11 Date of Award: 06 JUNE 2011 In the ARBITRATION between: PSA OBO NORAH METHAPI (Union/Employees) And THE GAUTENG DEPARTMENT OF HEALTH & SOCIAL
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT SOLIDARITY OBO LABUSCHAGNE
1 THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Case no: JS 732/11 Not Reportable In the matter between: SOLIDARITY OBO LABUSCHAGNE Applicant And COMMISSIONER OF THE SOUTH AFRICAN REVENUE SERVICES
More informationHuman Resources Manual Phatshoane Henney inc. 2008
Human Resources Manual Phatshoane Henney inc. 2008 www.cilreyn.co.za P a g e 2 o f 5 1. PURPOSE To ensure the application of consistent, fair and legal industrial action procedures and practices at the
More informationIN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN CASE NO: 1834/ 2011 VDZ CONSTRUCTION (PTY) LTD
IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE, GRAHAMSTOWN CASE NO: 1834/ 2011 In the matter between: VDZ CONSTRUCTION (PTY) LTD Applicant and MAKANA MUNICIPALITY First Respondent THE MUNICIPAL MANAGER,
More informationA Practical Guide to Labour Law
A Practical Guide to Labour Law Sixth Edition Authors JV du Plessis BA LLB LLD (Unisa) Advocate of the High Court Professor of Mercantile Law, University of the Free State MA Fouche Bluris LLB NHD PSE
More informationA CRITIQUE OF THE LEGAL TECHNIQUE OF MANAGING ABSCONDING EMPLOYEES IN SOUTH AFRICA
A CRITIQUE OF THE LEGAL TECHNIQUE OF MANAGING ABSCONDING EMPLOYEES IN SOUTH AFRICA INTRODUCTION South Africa is a constitutional democracy and its constitution contains the Bill of Rights in Chapter 2.
More informationWHITELEY PRE SCHOOL DISCIPLINARY PROCEDURE. 1.1 The disciplinary procedure applies to all members of staff, volunteers and committee members.
WHITELEY PRE SCHOOL DISCIPLINARY PROCEDURE 1. INTRODUCTION 1.1 The disciplinary procedure applies to all members of staff, volunteers and committee members. 1.2 The procedure will be applied in accordance
More informationIN THE MATTER OF THE ONTARIO LABOUR RELATIONS ACT, and - IN THE MATTER OF AN ARBITRATION
BETWEEN IN THE MATTER OF THE ONTARIO LABOUR RELATIONS ACT, 1995 - and - IN THE MATTER OF AN ARBITRATION EMRICK PLASTICS, A DIVISION OF WINDSOR MOLD INC. - the Employer and NATIONAL AUTOMOBILE, AEROSPACE,
More informationNOTICE 602 OF (Govenrment Gazette 34573) CCMA GUIDELINES: MISCONDUCT ARBITRATIONS GUIDELINES ON MISCONDUCT ARBITRATIONS
NOTICE 602 OF 2011 (Govenrment Gazette 34573) CCMA GUIDELINES: MISCONDUCT ARBITRATIONS GUIDELINES ON MISCONDUCT ARBITRATIONS PUBLISHED BY THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION IN TERMS
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG. Case No: JR 805/06. In the matter between: Applicant. and
IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG Case No: JR 805/06 In the matter between: ZERO APPLIANCES (PTY) LTD Applicant and THE COMMISSION FOR CONCILIATION, MEDIATION & ARBITRATION J S E
More informationBEFORE THE ARBITRATOR. In the Matter of the Arbitration of a Dispute Between TEAMSTERS GENERAL UNION, LOCAL 662. and RALSTON PURINA COMPANY
BEFORE THE ARBITRATOR In the Matter of the Arbitration of a Dispute Between TEAMSTERS GENERAL UNION, LOCAL 662 and RALSTON PURINA COMPANY Case 14 No. 60492 (Bruce Peterson Grievance) Appearances: Ms. Jill
More informationIN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG HIGH COURT, PRETORIA)
IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG HIGH COURT, PRETORIA) In the matter between: CASE NO. 17141/2012 OPPOSITION TO URBAN TOLLING ALLIANCE SOUTH AFRICAN VEHICLE RENTING AND LEASING ASSOCIATION
More informationDepartment of Defense Education Activity REGULATION
Department of Defense Education Activity REGULATION NUMBER 5771.09 DATE AUG 19?ni1 HUMAN RESOURCES DIRECTORATE SUBJECT: DoDEA Administrative Grievance System References: (a) DS Regulation 5771.9, "Administrative
More informationSubj: DEPARTMENT OF THE NAVY ADMINISTRATIVE GRIEVANCE SYSTEM
D E PAR TME NT OF THE N A VY OFFICE OF T HE SECRET ARY 1000 NAVY PENT AGON WASHINGT ON D C 20350-1000 SECNAVINST 12771.2 ASN (M&RA) SECNAV INSTRUCTION 12771.2 From: Secretary of the Navy Subj: DEPARTMENT
More informationMAIN AGREEMENT NEGOTIATIONS: Strike Handling Guidelines
MAIN AGREEMENT NEGOTIATIONS: 2010 Strike Handling Guidelines 2010 MAIN AGREEMENT NEGOTIATIONS: 2010 STRIKE HANDLING GUIDELINES Introduction Members are by now well aware of the dispute which currently
More informationDisclosure of information to trade unions for collective bargaining purposes
HEAD OFFICE 2-8 Gordon Street BELFAST BT1 2LG Tel: 028 9032 1442 Fax: 028 9033 0827 TDD: 028 9023 8411 e-mail: info@ira.org.uk website: www.lra.org.uk REGIONAL OFFICE 1-3 Guildhall Street LONDONDERRY BT48
More informationSTATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS
STATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS IN THE MATTER OF CITY OF HARTFORD -and- LOCAL 1716, COUNCIL 4, AFSCME, AFL-CIO DECISION NO. 3792 SEPTEMBER 18, 2000 Case
More informationTHE NATIONAL MINIMUM WAGE BILL
Where results matter THE NATIONAL MINIMUM WAGE BILL The national minimum wage will come into effect on 1 May 2018. In November 2017, the National Minimum Wage Bill, 2017 ( the Bill ) was published for
More informationBest Practice Guide Effective dispute resolution
Best Practice Guide Effective dispute resolution 01 Work & family 02 Consultation & cooperation in the workplace 03 Use of individual flexibility arrangements 04 A guide for young workers 05 An employer
More informationEmployment manual A guide to redundancy
Employment manual A guide to redundancy CONTENTS INTRODUCTION 1 page 3 Introduction 1.1 3 Disclaimer 1.2 3 REDUNDANCY GUIDANCE NOTES 2 5 Redundancy guide for employers 2.1 5 Redundancy checklist 2.2 5
More informationIntroduction Guidelines in cases of dismissal for misconduct: Item 7 of the Code
CCMA GUIDELINES: MISCONDUCT ARBITRATIONS PUBLISHED BY THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION IN TERMS OF SECTION 115(2)(g) OF THE LABOUR RELATIONS ACT, 1995 (ACT NO. 66 OF 1995) TO
More informationBEFORE THE ARBITRATOR. In the Matter of the Arbitration of a Dispute Between MILWAUKEE AND SOUTHERN WISCONSIN DISTRICT COUNCIL OF CARPENTERS.
BEFORE THE ARBITRATOR In the Matter of the Arbitration of a Dispute Between MILWAUKEE AND SOUTHERN WISCONSIN DISTRICT COUNCIL OF CARPENTERS and OFFICE AND PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, LOCAL
More informationEMPLOYMENT ACT 2002: STATUTORY DISPUTE RESOLUTION
EMPLOYMENT ACT 2002: STATUTORY DISPUTE RESOLUTION This article first appeared in Employment Law & Litigation volume 7 issue 4 2003 The Employment Act 2002 (EA 2002) introduces a new compulsory system for
More informationGROUP SICKNESS & ABSENCE POLICY
GROUP SICKNESS & ABSENCE POLICY Sickness & Absence Policy General Principles The following guidance is also a statement of the Group Sickness & Absence Policy operated by the Group. These guidelines are
More informationAPB ETHICAL STANDARD 4 (REVISED) FEES, REMUNERATION AND EVALUATION POLICIES, LITIGATION, GIFTS AND HOSPITALITY
APB ETHICAL STANDARD 4 (REVISED) FEES, REMUNERATION AND EVALUATION POLICIES, LITIGATION, GIFTS AND HOSPITALITY (Revised December 2010) Contents paragraph Introduction 1-4 Fees 5-43 Remuneration and evaluation
More informationREPORT FORM. TERMINATION OF EMPLOYMENT CONVENTION, 1982 (No. 158)
Appl. 22.158 158. Termination of Employment, 1982 INTERNATIONAL LABOUR OFFICE GENEVA REPORT FORM FOR THE TERMINATION OF EMPLOYMENT CONVENTION, 1982 (No. 158) The present report form is for the use of countries
More informationINFORMATION NOTE NO. 3 February 2016 HOLIDAYS AND HOLIDAY PAY
This Information Note is for guidance only and should not be regarded as a complete or authoritative statement of the law which can only be given by the courts. Readers are advised to check that this Information
More informationModels of Workplace Dispute Resolution in the UK
*MODEL FOR MEDIATION - A tool for equal opportunities on the labour market Models of Workplace Dispute Resolution in the UK COUNTRY REPORT United Kingdom Val Stansfield The union for people in transport
More informationDEPARTMENT OF DEFENSE Defense Commissary Agency Fort Lee, VA MANUAL. Administrative Grievance System
DEPARTMENT OF DEFENSE Defense Commissary Agency Fort Lee, VA 23801-1800 MANUAL Administrative Grievance System DeCAM 50-30.1 Human Resources OPR: DeCA/COHL 1. POLICY. This Manual implements polices as
More informationOvertime Policy GEORGE MUNICIPALITY
1. PURPOSE Overtime Policy GEORGE MUNICIPALITY This policy serves to guide management regarding overtime worked and payment thereof, as required by the Basic Conditions of Employment Act. All personnel
More informationVOLUNTARY LABOR ARBITRATION TRIBUNAL FEDERAL MEDIATION AND CONCILIATION SERVICE. Holiday Pay Grievance DECISION AND AWARD
In the Matter of: VOLUNTARY LABOR ARBITRATION TRIBUNAL FEDERAL MEDIATION AND CONCILIATION SERVICE, Holiday Pay Grievance Union, and, Employer. FMCS Arbitrator Lee Hornberger 1. APPEARANCES DECISION AND
More informationSTAATSKOERANT, 2 SEPTEMBER 2011 No GENERAL NOTICE NOTICE 602 OF 2011 CCMA GUIDELINES: MISCONDUCT ARBITRATIONS
STAATSKOERANT, 2 SEPTEMBER 2011 No.34573 3 GENERAL NOTICE NOTICE 602 OF 2011 GUIDELINES ON MISCONDUCT ARBITRATIONS PUBLISHED BY THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION IN TERMS OF SECTION
More informationTERMS OF EMPLOYMENT. ISME January 2014 Page 15
TERMS OF EMPLOYMENT The Terms of Employment (Information) Acts 1994 & 2001, which have been in effect since 16 th May 1994, require employers to provide employees with a written statement of certain particulars
More informationBEFORE THE ARBITRATOR. In the Matter of the Arbitration of a Dispute Between THE ADMINISTRATORS AND SUPERVISORS COUNCIL. and
BEFORE THE ARBITRATOR In the Matter of the Arbitration of a Dispute Between THE ADMINISTRATORS AND SUPERVISORS COUNCIL and THE MILWAUKEE BOARD OF SCHOOL DIRECTORS Case 365 No. 56583 (Vern Mamon grievance,
More informationAcas consultation. on the revision of paragraphs 15 and 36 of the Acas Code of Practice on Disciplinary and Grievance Procedures
Acas consultation on the revision of paragraphs 15 and 36 of the Acas Code of Practice on Disciplinary and Grievance Procedures December 2013 Acas consultation on the revision of paragraphs 15 and 36 of
More information1. Parties to the PSCBC adopt the attached Disciplinary Code and Procedures for the public service.
SCHEDULE 1 DISCIPLINARY CODE AND PROCEDURES 1. Parties to the PSCBC adopt the attached Disciplinary Code and Procedures for the public service. 2 Date of implementation This agreement comes into effect
More informationTHE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT JOHANNESBURG STOCK EXCHANGE LTD
THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JS 398 / 15 In the matter between: RISMA VILJOEN Applicant and JOHANNESBURG STOCK EXCHANGE LTD Respondent Heard: 8, 9, 10 and
More informationTermination Checklist California Law
Termination Checklist California Law Pull the employee's personnel file. Has the employee signed documents acknowledging his at-will status (e.g., employment application, offer letter, receipt of employee
More informationManaging Sickness Procedure/Policy
1.0 Aim of the procedure 1.1 To ensure that managers: 1 understand and apply the Council s standards of attendance in the work-place and monitor their achievement 2 identify through risk assessments, general
More informationCOMMONWEALTH OF PENNSYLVANIA Department of Labor and Industry Bureau of Mediation
Timothy J. Brown, Esquire Arbitrator P.O. Box 332 Narberth, PA 19072 COMMONWEALTH OF PENNSYLVANIA Department of Labor and Industry Bureau of Mediation Wyoming Area Education Support : Personnel Association
More informationNational Minimum Wage Act, 2000
National Minimum Wage Act, 2000 Detailed Guide to the National Minimum Wage WEB: www.entemp.ie Table of Contents 1. INTRODUCTION.... 2 2. MINIMUM HOURLY RATES OF PAY...3 3. TRAINING / STUDY CRITERIA....7
More informationBEFORE THE ARBITRATOR. In the Matter of the Arbitration of a Dispute Between TOWN OF BELOIT (FIRE DEPARTMENT) and
BEFORE THE ARBITRATOR In the Matter of the Arbitration of a Dispute Between TOWN OF BELOIT (FIRE DEPARTMENT) and TOWN OF BELOIT FIREFIGHTERS INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2386, AFL-CIO
More informationSelected Discussion Questions
Selected Discussion Questions Chapter 1 Introduction to Labour Relations 2. Readers who have worked in a unionized environment should consider the following question in the light of their experience: To
More informationSelf Help Guide - Producing a Written Statement
Self Help Guide - Producing a Written Statement This guide gives general advice about written statements of particulars of employment only. The information given in this guide is not an authoritative interpretation
More informationAn overview of Employment Law in England & Wales. April Please contact our Company Commercial department for further information
An overview of Employment Law in England & Wales April 2017 Please contact our Company Commercial department for further information An overview of Employment Law in England & Wales 1 Contents Page 1)
More informationHoliday Pay and Commission
Holiday Pay and Commission Lock v British Gas Trading Ltd British Gas calculated Mr Lock s annual leave at his basic rate. Mr Lock felt this was unfair given that he could not earn commission when he was
More informationSECTION 4 PAYMENT OF WAGES
SECTION 4 PAYMENT OF WAGES Page no. Payment of Wages 92 Payment of Wages Act 1991 92 Deductions 93 Disputes 94 National Minimum Wage 95 Determining average hourly rate of pay 95 Reckonable and Non-Reckonable
More informationThis dispute was presented to the undersigned for a final and binding decision under the Clerical
Gilson #1 IN THE MATTER OF ARBITRATION BETWEEN: Employer AND Union This dispute was presented to the undersigned for a final and binding decision under the Clerical Employees Collective Bargaining Agreement
More informationIN THE MATTER OF AN ARBITRATION GREATER VANCOUVER REGIONAL DISTRICT. EMPLOYEES UNION (the Union ) (Calculation of Overtime Grievance)
IN THE MATTER OF AN ARBITRATION BETWEEN: GREATER VANCOUVER REGIONAL DISTRICT (the Employer ) AND: GREATER VANCOUVER REGIONAL DISTRICT EMPLOYEES UNION (the Union ) (Calculation of Overtime Grievance) ARBITRATOR:
More informationNATIONAL ARBITRATION PANEL
NATIONAL ARBITRATION PANEL In the Matter of the Arbitration ) ) between ) ) UNITED STATES POSTAL SERVICE ) Case No. Q11C-4Q-C 11311239 ) and ) Remedy Award ) AMERICAN POSTAL WORKERS ) UNION, AFL-CIO )
More informationCollective Labour Dispute Resolution Act
Issuer: Riigikogu Type: act In force from: 01.01.2015 In force until: 04.07.2015 Translation published: 11.11.2014 Amended by the following acts Passed 05.05.1993 RT I 1993, 26, 442 Entry into force 07.06.1993
More informationThe customer s attention is drawn to the following provisions of these terms and conditions:
FEDEX EXPRESS SOUTH AFRICA (PTY) LTD Registration number 2013/082888/07 FSP Number 45088 TERMS OF CARRIAGE The customer s attention is drawn to the following provisions of these terms and conditions: Clause
More informationGrievance Policy, Basic
Grievance Policy, Basic Applies to: All employees not covered by a collective bargaining agreement Policy Statement: Situations may occur where an employee believes that the fair and consistent application
More informationDRUMBEAT SCHOOL AND ASD SERVICE. Disciplinary Policy (Adopted Lewisham Model Policy)
DRUMBEAT SCHOOL AND ASD SERVICE Disciplinary Policy (Adopted Lewisham Model Policy) APPROVED BY GOVENORS JUNE 2012 RESPONSIBLE PERSON HEADTEACHER SIGNED BY CHAIR OF GOVERNORS DATE SIGNED BY HEADTEACHER
More informationCapability health procedure for academic support staff
Capability health procedure for academic support staff Policy The School's policy in relation to sickness absence is to support employees by paying sick pay and investigating absence in conjunction with
More informationConciliation, Arbitration and Enforcement: The CCMA s Achievements and Challenges
Conciliation, Arbitration and Enforcement: The CCMA s Achievements and Challenges PAUL BENJAMIN* INTRODUCTION The establishment of the Commission for Conciliation, Mediation & Arbitration (the CCMA) is
More informationIN THE MATTER OF AN ARBITRATION. Under THE PUBLIC SERVICE ACT. Before THE PUBLIC SERVICE GRIEVANCE BOARD. Bradford et al. - and -
Public Service Grievance Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission des griefs de la fonction publique Bureau 600 180, rue Dundas Ouest
More informationIn a labor arbitration hearing recently conducted before Arbitrator Gutman, the parties collective bargaining agreement provided a three month
In a labor arbitration hearing recently conducted before Arbitrator Gutman, the parties collective bargaining agreement provided a three month probationary period for all new hires which gave the employer
More informationJust cause terminations cannot be actioned unless due process is confirmed by the Deputy Minister, BC Public Service Agency.
Policy The objective of this administrative policy is to clarify the employer s roles, responsibilities and procedures with respect to just cause employment termination decisions under section 22(2) of
More informationGENERAL PORT OPERATING CONDITIONS IN FINLAND 2006
GENERAL PORT OPERATING CONDITIONS IN FINLAND 2006 Table of contents INTRODUCTION... 1 1 CONTRACTING PARTIES TO A PORT OPERATING CONTRACT... 1 2 BINDING EFFECT OF THE GENERAL PORT OPERATING CONDITIONS IN
More informationREPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT. BIDVEST DATA (PTY) LTD And STATUTORY COUNCIL, PRINTING,
.1 REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN JUDGMENT Not Reportable C932/2013 In the matter between: BIDVEST DATA (PTY) LTD Applicant And STATUTORY COUNCIL, PRINTING, NEWSPAPER
More informationFIXED TERM EMPLOYEES THE LITTLE USED REGULATIONS?
FIXED TERM EMPLOYEES THE LITTLE USED REGULATIONS? An abridged version of this article appeared in Employment Law Journal December 2004 It has been just over 2 years since the Fixed-term Employees (Prevention
More informationEMPLOYMENT TEMPORARY EMPLOYMENT SERVICES GUIDELINE
EMPLOYMENT TEMPORARY EMPLOYMENT SERVICES GUIDELINE AN INDEPENDENT CONTRACTOR renders the service itself AND DOES NOT PROVIDE LABOUR TO ANOTHER TEMPORARY EMPLOYMENT SERVICES AND THE LAW Temporary employment
More informationBEFORE THE ARBITRATOR
BEFORE THE ARBITRATOR In the Matter of the Arbitration of a Dispute Between CITY OF KAUKAUNA (UTILITY COMMISSION) and Case 50 No. 42310 MA-5652 LOCAL 2150, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
More informationChaskalson P, Langa DP, Ackermann J, Kriegler J, Madala J, Mokgoro J, O'Regan J, Sachs J, Yacoob J, Du Plessis AJA and Skweyiya AJ
1 of 5 2012/11/06 11:57 AM MINISTER OF HOME AFFAIRS v LIEBENBERG 2002 (1) SA 33 (CC) 2002 (1) SA p33 Citation 2002 (1) SA 33 (CC) Case No CCT 22/01 Court Constitutional Court Judge Chaskalson P, Langa
More informationEmployment Law in Bermuda
Employment Law in Bermuda Preface This publication has been prepared for the assistance of those who are considering issues pertaining to employment law in Bermuda. It deals in broad terms with the requirements
More informationMTA EMPLOYMENT RELATIONS FACT SHEET
MTA EMPLOYMENT RELATIONS FACT SHEET FAIR WORK ACT 2009 UNFAIR AND UNLAWFUL DISMISSAL 18 September 2009 Operative: On and from 1 July 2009 A fair go all round The Fair Work Act 2009 Part 3-2 Unfair dismissal
More informationHowever, with the rotating schedule of the Police department this has become an issue and is not clearly addressed. Recommended language becomes:
Personnel Manual Recommended Changes/Updates/Clarifications Policy 303 Holiday Pay If a recognized holiday falls on a Friday, Saturday or Sunday, the Department heads will identify the designated day off
More informationNATIONAL ARBITRATION BEFORE IMPARTIAL ARBITRATOR STEPHEN B. GOLDBERG. U. S. POSTAL SERVICE ) Case No. Q10C-4Q-C
NATIONAL ARBITRATION BEFORE IMPARTIAL ARBITRATOR STEPHEN B. GOLDBERG In the Matter of Arbitration ) between ) U. S. POSTAL SERVICE ) Case No. Q10C-4Q-C 15206043 and ) AMERICAN POSTAL WORKERS ) UNION, AFL-CIO
More informationEQUAL PAY QUESTIONNAIRE RESPONSE OF THOMPSONS SOLICITORS
EQUAL PAY QUESTIONNAIRE RESPONSE OF THOMPSONS SOLICITORS CONGRESS HOUSE GREAT RUSSELL STREET LONDON WC1B 3LW Telephone: 020 7290 0000 Fax: 020 7637 0000 Thompsons is the UK s largest trade union, employment
More informationISLE OF MAN Prepared by Victoria Barratt Laurence Keenan Advocates. 1. The possibility that there be a claim for unfair dismissal; and
ISLE OF MAN Prepared by Victoria Barratt Laurence Keenan Advocates 1. Are there any laws that govern a layoff of employees? If so, what do the laws require? There are two main areas to consider in relation
More informationThe Laitram Open Door Policy and Employee Dispute Resolution Program
The Laitram Open Door Policy and Employee Dispute Resolution Program Effective Date: April 1, 2002 LAITRAM, L.L.C. LAITRAM MACHINERY, INC. INTRALOX, L.L.C. LAPEYRE STAIR, INC. LAITRAM MACHINE SHOP, L.L.C.
More informationServices, Industrial Professional and Technical Union
AN EMPLOYMENT AGREEMENT REGISTERED IN THE REGISTER OF EMPLOYMENT AGREEMENTS ON 3 rd February 2012, UNDER SECTION 27 OF THE INDUSTRIAL RELATIONS ACT, 1946 REGISTERED EMPLOYMENT AGREEMENT BETWEEN:- Irish
More informationSTATE OF NEW JERSEY. ASSEMBLY, No th LEGISLATURE. Sponsored by: Assemblyman CRAIG J. COUGHLIN District 19 (Middlesex)
ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED MARCH, 0 Sponsored by: Assemblyman CRAIG J. COUGHLIN District (Middlesex) SYNOPSIS Workplace Democracy Enhancement Act. CURRENT VERSION OF TEXT
More informationIN THE EMPLOYMENT RELATIONS AUTHORITY CHRISTCHURCH [2017] NZERA Christchurch
IN THE EMPLOYMENT RELATIONS AUTHORITY CHRISTCHURCH [2017] NZERA Christchurch 199 5599130 BETWEEN A N D WENDCO (NZ) LIMITED Applicant A LABOUR INSPECTOR OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT
More informationDISPUTE RESOLUTION GUIDE TO THE NEW RULES
DISPUTE RESOLUTION GRIEVANCES AND DISCIPLINARIES In this supplement we look at the new rules that the Government is introducing this month (October 2004) on internal grievance and disciplinary procedures.
More informationSCHEDULE 1 CONDITIONS OF USE RELATING TO FALKIRK BUS STATION (THE BUS STATION )
SCHEDULE 1 CONDITIONS OF USE RELATING TO FALKIRK BUS STATION (THE BUS STATION ) These Conditions of Use set out the terms on which all operators (including First) ( Operator(s) ) who use, or wish to use
More informationBargaining Councils have a long
Vol. 22 No. 8 March 2013 The extension of Bargaining Council agreements The Courts and challenges from non-parties by P.A.K. le Roux Bargaining Councils have a long history in South African labour law
More informationCHAPTER 48 EMPLOYEE GRIEVANCE PROCEDURE. (1) It is the County's policy to treat all employees fairly and equitably.
CHAPTER 48 EMPLOYEE GRIEVANCE PROCEDURE 48.01 POLICY AND PURPOSE 48.02 DEFINITIONS 48.03 LIMITATIONS 48.04 ADMINISTRATION 48.05 EMPLOYEE DISCIPLINE AND TERMINATION PROCEDURE 48.06 INITIAL GRIEVANCE PROCESS
More informationThe impact of the LRA amendments on the South African labour market
The impact of the LRA amendments on the South African labour market South Africa has introduced a new labour dispensation. The legislature aimed at addressing certain concerns in the labour market, ease
More informationand B. R. Skelton, Arbitrator REGULAR ARBITRATION PANEL In the Matter of the Arbitration GRIEVANT : Class Action CASE NO : S7N-3S-C & 88050
REGULAR ARBITRATION PANEL In the Matter of the Arbitration between UNITED STATES POSTAL SERVICE GRIEVANT : Class Action CASE NO : S7N-3S-C 88049 & 88050 GTS NO : 12115 & 12116 and NATIONAL ASSOCIATION
More informationRegulation pertaining to disciplinary & related procedures for academic staff
Regulation pertaining to disciplinary & related procedures for academic staff Table of Contents 1. Application... 2 2. Introduction... 2 3. General Principles... 2 4. Investigation... 3 5. Informal guidance
More informationCommission of the European Communities v United Kingdom of Great Britain and Northern Ireland
Judgment of the Court (Third Chamber) of 7 September 2006 Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland Failure of a Member State to fulfil obligations -
More informationIN THE LABOUR COURT OF SOUTH AFRICA HELD AT DURBAN. JURY JOHANNES MINNY Joint applicants and BURKHARD GOTTSMANN. SMART PLAN CC Respondent JUDGMENT
1 IN THE LABOUR COURT OF SOUTH AFRICA HELD AT DURBAN Case no: D14/07 and D15/07 Reportable In the matters between: JURY JOHANNES MINNY Joint applicants and BURKHARD GOTTSMANN and SMART PLAN CC Respondent
More informationPUBLIC SERVICE CO-ORDINATING BARGAINING COUNCIL. Parties to the PSCBC adopt the attached Disciplinary Code and Procedures for the Public Service.
PUBLIC SERVICE CO-ORDINATING BARGAINING COUNCIL RESOLUTION NO. 2 OF 1999 1. Adoption of Disciplinary Code and Procedures Parties to the PSCBC adopt the attached Disciplinary Code and Procedures for the
More informationMinistry of Labour & Human Rights Tribunal Claims
A Guide for Employers Ministry of Labour & Human Rights Tribunal Claims March 2018 1 of 11 About Peninsula Peninsula is an employer resource for HR and employment advice, offering guidance to small- and
More informationTHE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG
THE LABOUR COURT OF SOUTH AFRICA JOHANNESBURG Not reportable Case no: JR 686 /2015 In the matter between: SOUTH AFRICAN CLOTHING AND TEXTILE WORKERS UNION ALFRED LETIMELA RONNIE APOLS First Applicant Second
More informationGRIEVANCE AND DISPUTES PROCEDURE
GRIEVANCE AND DISPUTES PROCEDURE Ratified by: Joint Local Negotiating Committee Date Ratified: 20 th May 2010 Name of originator/author: Nicky Littler Name of responsible Joint Local Negotiating Committee
More information