FAQ Labour Law

Frequently asked questions  Labour Law

Labour Law

Q I have just been asked to take a Polygraph / Lie detector Test.

Before the Polygraph test is administered your consent will be required. Without some form of corroboration the failure of the Polygraph test is not sufficient to make an adverse finding against you.

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Q Dishonesty in the job Application and Interview Process

The relationship between employer and employee is based on trust. Deception or dishonestly may be grounds to terminate the employment relationship eg If you claim to have qualifications which turn out not to be your employee will have grounds for termination.

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Q How do I lodge a grievance?

If your manager is being difficult without proper reason you would be entitled to lodge a grievance against your manager. The grievance would usually be in writing and lodged with your superiors manager or HR. The grievance should suggest a desired outcome. If the grievance is not resolved within a reasonable time you would be entitled to refer the matter to the CCMA or possibly resign on the basis of constructive dismissal and refer the matter to the CCMA

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Q I am a victim of sexual harassment at work.

You should immediately take the matter up with Human Resources  or a senior manager.  If the employer fails to take steps to protect the employer being sexually harassed both the employer and the person harassing the employee will face sanction.

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Q What is Constructive dismissal?

Constructive dismissal – Section 186(e) of the Labour Relations Act 66 of 1995 defines dismissal in this context as occurring when: “an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee”.

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Q I have just been dismissed / received a warning at work what should I do?

The law requires that disciplinary sanction  be effected for a fair reason and in accordance with a fair procedure. If the employer fails on either count the CCMA may order compensation or reinstatement or both.

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