However, the requirements for substantive and procedural fairness must be satisfied. Wallace Albertyn is a Senior Associate and Legal Advisor at LabourMan Consultants. If he does not the employer will have to have sufficient reasons to do so. A perception exists that when Grounds for Demotion The Council may demote an employee on the following grounds: a. Grounds for review [5] The applicants submitted that the award is susceptible to review because in 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. BASIC GUIDE: LABOUR RELATIONS IN SOUTH AFRICA. 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. d. Poor Performance 4. CEO strives to be that voice for Employers. 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. A formal enquiry must be held with the minutes recorded to ensure that the employer is procedurally compliant. 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. Solidarity obo Kern v Mudau and others Case No. There are 3 grounds for divorce in South Africa: Irretrievable breakdown of the marriage, Continuous unconsciousness of a spouse, Mental illness of a spouse 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 No. Procedures prior to Demotion An employee shall only be demoted after a full enquiry into the circumstances 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. The mental illness of a party to the marriage as outlined in Section 5. In Sass vs African Life Assurance (2005, 6 BALR 682) the employer demoted the employee for failing to make sufficient sales. 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. In other words, it is the only viable option, apart from dismissal itself. NOTE: The employee will need to agree to the demotion. Improving the knowledge and skills of South Africa’s teachers is an important part of strengthening our education system. The demotion is an alternative to retrenchment. 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. This is so because even though the employee is earning less, he/she still has a job. This would involve disciplinary action just short of dismissal. South Africa is beautiful. 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 The employer cannot afford to pay the employee’s salary. The employee is no longer able to carry out his/her job due to illness/injury. What will benefit the employer is to minute the consultation as proof, should this employee refer a matter to the CCMA. Since there is no statutory requirement to pay any bonus,... LabourMan Consultants Concord Employment Contractors, Subscribe and receive labour related information. JA85/18)- Bringing finality to the debate of resignations with immediate effect to escape disciplinary action. 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. 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. situation where the employee just is not meeting the requirements of the job ... Last week my contract was terminated on the grounds of poor performance and attitude issues. In a situation where the employee is just not meeting the requirements of the job, an employer may consider demotion. Demotion as an unfair Labour Practice. 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. In today’s world, we need to arm ourselves with as much information regarding our rights. 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. Those were: The second respondent lacked jurisdiction to entertain the … Procedures prior to Demotion 3 5. Thus, under these circumstances, demotion will be permissible where dismissal is justified, and the employee has consented to the alternative, namely demotion. Every employee/worker is entitled to fair labour practices in South Africa. So, employers must be cautious when considering demotion as an option for employees. Based on work performance. 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. JUDGMENT LALLIE J . 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. 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." An employer cannot just say: ‘I’m going to demote her because she is impossible’. GROUNDS FOR DIVORCE IN SOUTH AFRICA: When and under what circumstances can one file for divorce. 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. For example, it could be based on the fact that he will be earning less money. 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. 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 – … SAMPLE – Demotion with Prejudice [Date] [Name] [Address] Via [Hand Delivery OR Certified Mail No._____] Dear [Mr./Ms. NOTE: This may also apply to a new employee who was recently appointed. Grounds for Demotion 3 4. You are eliminating the employee’s position. In a situation where the employee just is not meeting the requirements of the job, an employer may consider demotion. 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