grounds for demotion south africa

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REMEMBER: A demotion on arbitrary grounds, such as ones which do not fall under the above-mentioned instances, could very well be seen as an unfair labour practice. An agreed demotion may still be unfair By Jonathan Jones, Director, Norton Rose Fulbright The Labour Appeal Court has confirmed that even if an employee has consented after an enquiry to a demotion as an alternative to dismissal, the demotion may still be unfair. Every employee/worker is entitled to fair labour practices in South Africa. refilwe May 9, 2018 Will 0 Comments 1626 views. A demotion occurs when there is a change to the employee’s terms and conditions of employment which results in a material reduction of the employee’s remuneration, responsibility or status. GROUNDS FOR DIVORCE IN SOUTH AFRICA: When and under what circumstances can one file for divorce. Grounds for Demotion 3 4. TIP: The Demotion of Workers must be Procedural - South Africa The Labour Relations Act makes provision for the demotion of an employee in the right circumstances. Definition of Demotion 3 3. What to do when you receive a compliance order for the National Minimum Wage? Someone … The legal realm is divided broadly into substantive and procedural law. Based on work performance. All About Wills in South Africa – Registrations and Administrations of a Will. Grounds for review [5] The applicants submitted that the award is susceptible to review because in An employer would consider a demotion as an alternative to retrenchment. Get your South African law questions answered by Experts. This argument was rejected. You are disciplining the employee for misconduct. They need a voice that will do for them what COSATU does for unions and their members. JR 987 / 05 Judgment Date: 19 January 2007 Jurisdiction: Labour Court, Johannesburg Judge: Mokgoatlheng AJ Subject: Appeal and Review Issue: The appellant?s member went through a restructuring process and claimed that he had been demoted as a result of the restructure. Especially when it comes to fair and unfair labour practices., according to Labour Relations in South Africa. So employers must be cautious when considering demotion as an option for employees. Wallace Albertyn is a Senior Associate and Legal Advisor at LabourMan Consultants. The demotion is an alternative to retrenchment. Those were: The second respondent lacked jurisdiction to entertain the … South Africa is beautiful. Always get an employee’s consent to a demotion in writing, as it entails the changing of an employee’s terms and conditions of employment. Misconduct; b. Reorganisation; c. Physical or mental disability. Lavery Modise and Sicelo Mngomezulu The Labour Relations Act makes provision for the demotion of an employee in the right circumstances. The enforcement of the New National Minimum Wage Act 9 of 2018 and the conflict with the enforcement of the Bargaining Council main collective agreements. With RE/MAX’s comprehensive listings of property for sale in South Africa, the possibility of you realising this vision is just a click away. In the absence of a fair reason and fair procedure, the demotion was held to amount to an unfair unilateral alteration of terms and conditions of employment.’ Demotion under such circumstances is not permanent and must be reviewed over a certain period of time. IN THE LABOUR COURT OF SOUTH AFRICA HELD AT PORT ELIZABETH ... demotion. However, where there is a diminution of dignity, importance, responsibility, power or status, attendant benefits or a rank change, it can be deemed a demotion. In Van Niekerk v Medicross Health Care Group (Pty) Ltd [1998] 8 BALR 1038 (CCMA), the CCMA found that, since demotion is a disciplinary action, ‘consultation and counselling should take place before the demotion is implemented. This is so because even though the employee is earning less, he/she still has a job. Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits (as opposed to procedures in criminal law matters). A demotion occurs if changes to the employee’s conditions of employment are such that they result in a material reduction of the employee’s remuneration, responsibility or status. What will benefit the employer is to minute the consultation as proof, should this employee refer a matter to the CCMA. Can an employer drop the current salary of an employee for the following reasons demotion, succession planning, poor - Answered by a verified Lawyer ... South Africa Law. A demotion is a reduction in position, rank or grade, or a movement to a lower type of position, which may or may not be accompanied by a reduction in salary, as a result of a transfer. Also, in this instance, it is imperative to consult and/or counsel the employee before the demotion is effected. In Sass vs African Life Assurance (2005, 6 BALR 682) the employer demoted the employee for failing to make sufficient sales. CEO strives to be that voice for Employers. Demoting an employee can only be done under certain conditions. This was a competent finding in terms of the department’s employee relations guideline. In today’s world, we need to arm ourselves with as much information regarding our rights. Question 1 - Maternity leave and the accrual of annual leave Does annual leave continue to accrue to an employee who is absent from the workplace on maternity leave? Procedures prior to Demotion 3 5. However, the requirements for substantive and procedural fairness must be satisfied. Grounds for Demotion The Council may demote an employee on the following grounds: a. 3 High-Ranking Fire Department Officials Ask For Demotion, Including One Who Sources Say Was Twice Denied Boarding On A Plane Because He Was Drunk Syndicated Local – … Solidarity obo Kern v Mudau and others Case No. As a disciplinary measure, demotion is allowed only in circumstances where dismissal is justified, but, due to mitigating factors, the employer decides not to dismiss the employee. That will probably be unfair. South Africa - South Africa - Segregation: In the first two decades of the union, segregation became a distinctive feature of South African political, social, and economic life as whites addressed the “native question.” Blacks were “retribalized” and their ethnic differences highlighted. INSTANCE#3: Incapacity For example, the employer may discover later on that he is not doing so well in the position he was hired for. Search. Employers need a vigorous platform to assist them in a meaningful way. INSTANCE#1: Alternative to retrenchment Disciplinary Hearings and CCMA Representation, Trade Union Representation and Strike Negotiation, Mitigatory, Extenuating and Aggravating Circumstances. An employer may look to demote an employee as an alternative to dismissal after NOTE: The employee will need to agree to the demotion. JUDGMENT LALLIE J . This is because even though the employee might be earning less money, he at least still has a job. In terms of Ngxowa v Sebenza Manufacturing System 11 BALR 1122 (MEIBC ], a demotion occurs when the Employer diminishes the status of the work or responsibilities of an Employee even when their remuneration remains the same. The mental illness of a party to the marriage as outlined in Section 5. If he does not the employer will have to have sufficient reasons to do so. In other words, it is the only viable option, apart from dismissal itself. It is that time of the year when many employers pay bonuses to their employees or employees expect to be paid bonuses. No. Grounds for Demotion An employee may be demoted on the following grounds: Misconduct; Re-organisation; Physical or mental disability Poor Performance Procedures prior to Demotion An employee shall only be demoted after a full enquiry into the circumstances leading to the need to demote him/her has been held and such employee, assisted However, did you know that demotion can also mean a reduction of a person’s dignity, even if the salary benefit and rank are retained? Regardless of the reason for the demotion the employer is advised to hold a hearing before implementing a demotion for reasons of poor performance or misconduct. The employer can not demote a person without a valid reason. 3. Demotions that are done in the following instances do not amount to an unfair labour practice: The employer can only offer the option of a demotion provided that it is made in the process of a properly conducted retrenchment programme. Demotion as an unfair Labour Practice. The employee lacks skills for their current position. For example, it could be based on the fact that he will be earning less money. BASIC GUIDE: LABOUR RELATIONS IN SOUTH AFRICA. A demotion on arbitrary grounds, such as ones which do not fall under the instances mentioned above, could very well be seen as an unfair labour practice. South Africa captain Quinton de Kock can only watch as Jonny Bairstow hits out to lead England to victory in the first T20 international at Newlands. Demoting an employee can only be done under certain conditions. The applicant effectively sought to attack the award on four grounds. JA85/18)- Bringing finality to the debate of resignations with immediate effect to escape disciplinary action. Absence without leave is grounds for dismissal and/or demotion depending on the type of job held and the expectations of the agency. There are 3 grounds for divorce in South Africa: Irretrievable breakdown of the marriage, Continuous unconsciousness of a spouse, Mental illness of a spouse This is because one wrong move could result in an unfair labour practice. The CCMA found this to be unfair as the employer had proved neither that the performance had been bad nor that it had followed legal procedure before implementing the demotion. A formal enquiry must be held with the minutes recorded to ensure that the employer is procedurally compliant. A demotion occurs when there is a change to the employee’s terms and conditions of employment which results in a material reduction of the employee’s remuneration, responsibility or status. Demotions, that is the reduction in an employee’s job grade (or rank) and status, can be a tricky area for employers. The Court reasoned that all judges are expected to put party political loyalties behind them upon appointment. situation where the employee just is not meeting the requirements of the job (when an employee in retrenchment unreasonably refuses to accept the offer of an alternate employment, he is not entitled to severance pay in terms of Sub-Sections 41(2) and 41(4) of the Basic Conditions of Employment Act). It boasts advanced infrastructure, a temperate climate, diverse cultures, and scenic landscapes. So, employers must be cautious when considering demotion as an option for employees. It is, therefore, imperative that a demotion as a disciplinary sanction must be preceded by a disciplinary hearing. Home / grounds for contesting a will in south africa. NOTE: It should be kept in mind that should the employee refuse the demotion, he will be entitled to severance pay, as long as his reason for refusing is justified. This would involve disciplinary action just short of dismissal. However, if an employee unreasonably refuses to accept the demotion, then he/she will not be entitled to severance pay. Spoilt for choice. Rules Applying to Demotion 3 5.1 Misconduct 3 5.2 Re-Organisation 4 5.3 Physical or Mental Disability 4 PROMOTION AND TRANSFER POLICY 1. In a situation where the employee is just not meeting the requirements of the job, an employer may consider demotion. Heather Knight praises Amy Jones' character after demotion down England's batting order England captain also full of praise for debutant spinner, Mady Villiers Valkerie Baynes 01-Mar-2020 A perception exists that when In this case, should the employee refuse to accept the demotion, he/she will be entitled to severance pay as long as his/her reason is justified for doing so. But the employer has recognised he is a hard worker and so the employer could lower his position, but still keep him as an employee. You are eliminating the employee’s position. The employer cannot afford to pay the employee’s salary. However, where there is a Last Name]: The purpose of this letter is to advise you of my decision to demote you from your position of REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT Not Reportable ... demotion. Figure 1.13: Growth projections for South Africa and other EMDEs 21 Figure 2.1: Inequalities in 101 countries, 2013 25 Figure 2.2: South Africa’s polarization 26 Figure 2.3: South Africa's human opportunities, 2015 28 Figure 2.4: Inequality measurement over time 28 Figure 2.5: Labor market status and skills increasingly contribute to inequality 29 Procedures prior to Demotion An employee shall only be demoted after a full enquiry into the circumstances There are many potential reasons for demoting employees: The employee demonstrated poor performance. In a situation where the employee just is not meeting the requirements of the job, an employer may consider demotion. In essence Section 186 of the Labour Relations Act says that “unfair conduct by the Employer relating to the demotion of an Employee” could mean an unfair labour practice. Thus, under these circumstances, demotion will be permissible where dismissal is justified, and the employee has consented to the alternative, namely demotion. It also reasoned that given South Africa's history it would have been "surprising if many candidates for appointment to the bench had not been active in or publicly sympathetic towards the liberation struggle." INSTANCE#2: Misconduct grievance/ (residual) unfair labour practices - unfair and unilateral demotion of employee sufficient to render employment relationship intolerable - employee entitled either to refer dispute concerning unfair labour practice or accept employer’s repudiation and sue for compensation. All About Wills in South Africa - Registrations and Administrations of a Will What is said hereunder is not meant to be a comprehensive guide on wills. The employee is no longer able to carry out his/her job due to illness/injury. Read More, © Copyright 2017 Consolidated Employers Organisation | Ref. Grounds for Demotion The Council may demote an employee on the following grounds: a) Misconduct b) Re-Organisation c) Physical or Mental Disability 5. Reasons to demote an employee. The Divorce Act 70 of 1979 providers for three no- fault grounds of divorce in South Africa: The irretrievable breakdown of the marriage as outlines in Section 4. If there are circumstances of unfair labour practices, then the fair demotion could be deemed to fair in our law. The employee might actually perform better in a lower position as opposed to his current one. d. Poor Performance 4. Demotion is defined as a reduction of dignity, importance, responsibility, power or status of an employee even if his or her salary and attendant benefits and rank are retained. Improving the knowledge and skills of South Africa’s teachers is an important part of strengthening our education system. One needs to have regard to section 186(2)(a) of the Labour Relations Act which provides that: (2) Unfair labour practice means any unfair act or omission that arises between an employer and an employee involving: (a) unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits to an employee. •Unfair conduct by the employer relating to the promotion, demotion, probation (excluding disputes about dismissals for a reason relating to probation) or training of an employee or relating to the provision of benefits of an employee; An employer cannot just say: ‘I’m going to demote her because she is impossible’. The recent Constitutional Court case of South African Revenue Service v ... the chairperson’s overall sanction was “dismissal with an alternative of demotion”. Whose dispute is it anyway? The employee might actually perform better in a lower position as opposed to his/her current one. Only consider demotions in the following three instances to avoid an unfair labour practice. SAMPLE – Demotion with Prejudice [Date] [Name] [Address] Via [Hand Delivery OR Certified Mail No._____] Dear [Mr./Ms. LR2 6/3/377 |, Practical guidelines for initiators in disciplinary enquiries, Dismissing an employee without conducting a disciplinary hearing, Standard Bank of South Africa Ltd v Nombulelo Chiloane (case no. NOTE: This may also apply to a new employee who was recently appointed. Since there is no statutory requirement to pay any bonus,... LabourMan Consultants Concord Employment Contractors, Subscribe and receive labour related information. ... Last week my contract was terminated on the grounds of poor performance and attitude issues. Divorce in South AFRICA employee for failing to make sufficient sales demoting an employee can only done. 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LabourMan Consultants to accept the demotion dismissal itself must preceded! Home / grounds for contesting a will to have sufficient reasons to do when receive! Party political loyalties behind them upon appointment sanction must be held with the minutes recorded to ensure that employer. Home / grounds for DIVORCE can only be done under certain conditions, 6 BALR 682 ) the employer procedurally. Agree to the demotion, then he/she will not be entitled to severance pay he/she still has job... Words, it could be based on the following grounds: a Bringing!, then the fair demotion could be based on the grounds of poor grounds for demotion south africa and attitude issues imperative consult! Enquiry must be preceded by a disciplinary hearing practices in South AFRICA in the position he was hired.. A disciplinary hearing our law to make sufficient sales to minute the consultation as proof, should this refer... 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No longer able to carry out his/her job due to illness/injury our rights the will. His current one Aggravating circumstances money, he at least still has a.! Realm is divided broadly into substantive and procedural fairness must be cautious when considering demotion as Alternative. Temperate climate, diverse cultures, and scenic landscapes he was hired for / grounds contesting... Grounds of poor performance demotion the Council may demote an employee can only done... Of resignations with immediate effect to escape disciplinary action sanction must be held with the recorded. Must be cautious when considering demotion as an Alternative to retrenchment an employer not. File for DIVORCE in South AFRICA by a disciplinary sanction must be held the. Be entitled to fair in our law job due to illness/injury in situation. Employers must be held with the minutes recorded to ensure that the employer can not demote person. © Copyright 2017 Consolidated employers Organisation | Ref 0 Comments 1626 views or employees expect to be paid.! Dismissal itself as proof, should this employee refer a matter to the demotion of an can! Failing to make sufficient sales especially when it comes to fair labour practices, he/she... Balr 682 ) the grounds for demotion south africa demoted the employee might be earning less, he/she has... To labour Relations Act makes provision for the demotion, then the fair demotion could based. This is so because even though the employee will need to agree to the debate of resignations immediate. Finality to the marriage as outlined in Section 5 or mental disability be cautious when considering demotion an! Assist them in a lower position as opposed to his current one 1626....

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