How to help you If you are unsure of your disciplinary procedures or claims or if a member of staff has filed a lawsuit against you, we can advise you on your legal obligations and rights and help you find a solution with your employee. For more information, please contact Alexis Lane in our employment department. We can advise and advise you if you need to consider redundancy to ensure that you are following the redundancy process correctly. For more information, please contact Alexis Lane in our employment department. As a general rule, the worker must assert a right before the labour tribunal within three months of the termination of his employment relationship or the problem. If conciliation does not work and the worker decides to advance his right, the procedure is as follows: there are situations in which an employer wishes to offer a transaction contract – a legally binding voluntary contract that can be used to terminate an employment relationship under agreed conditions between the employer and the worker. A procedure much faster than the formal dismissal route, the transaction agreements also ensure that if a worker is dismissed, they will not be able to appeal to an employment tribunal on any type of right that is mentioned in the agreement, such as unfair dismissal. If there is no agreement, an employer may terminate a worker`s existing contract and offer employment on new terms. However, this is a legal dismissal and the worker can claim wrongful dismissal rights if he has two years of seniority. Whether dismissal is fair depends on why the changes are necessary and whether employers can prove that they had an essential reason. However, a court would still expect that there would have been consultations and an attempt to reach an agreement first.
The Tribunal found that the High Court`s diverging judgments in this matter had concluded that, if a dispute has not yet commenced, a settlement agreement cannot be reached for a court order. This issue was first reviewed by Van der Byl AJ in Growthpoint Properties Ltd against Makhonyana Technologies (Pty) Ltd and other NGHC Case No. 67029/2011 (February 12, 2013). In that case, the Tribunal argued that there had been a dispute between the parties at a stage, although prior to the start of a dispute between them over the amount to be paid for the late rent. This dispute was settled by a settlement agreement, on which the parties had agreed. As soon as one party can take legal action against another party, the first party can therefore ask the court for a transaction agreement to make a court decision without bearing the costs of litigation. The Tribunal also justified this decision by the fact that the jurisdiction to issue such a decision was comparable to a doubling of the judicial process only after the introduction of judicial proceedings. The Tribunal has made the settlement agreement a court order that has not been the subject of prior judicial proceedings between the parties.
Originally, in April 2003, the government introduced the right to ask parents of children under the age of five to work flexibly. This right has been expanded over time and the current position is that female workers now have the right to apply for flexible work, alongside parents with young children, if they have disabled dependents under the age of 17 or 18, and also when the worker has family responsibilities for a partner or family member.