Registered unions that, as members, have the majority of workers in the workplace have an additional right to disclose all relevant information enabling their representatives to carry out their duties. Collective agreements tend to be linked over time, with a lifespan that, on the whole, is determined by the negotiating cycles of the parties. However, the contract may be terminated by both parties with an appropriate termination. Dismissal that is not automatically abusive is considered unfair unless the employer proves that the dismissal is done for a fair reason, either with the worker`s behaviour or capacity, or on the basis of the employer`s requirements. In addition, the employer must prove that the dismissal was carried out in a fair manner. Therefore, even if dismissal is resigned to conduct, effectiveness or on the basis of the employer`s (i.e. materially fair) requirements, it is nevertheless unfair (procedurally unfair) when the employer has not gone to a fair trial. 1. A newly recruited worker may be released on parole for an appropriate period in the circumstances of the work. The period should be determined by the type of employment and the time required to determine the worker`s ability to continue working.
If so, and the employer should provide a staff member, regardless of the assessment, training, advice or advice the worker needs to provide satisfactory services. Dismissal during the trial period should be preceded by an opportunity for the worker to respond to a case and be assisted by a union representative or colleague. Answer – there is no obligation for the employer to do so – this is an issue that must be negotiated between the employee and the employer. BCEA sets clearly defined working time limits for employees earning less than 89,455, 00 R8 00 per year and for employees (regardless of their annual gross salary) authorized by the company to “rent and burn”.