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Amended Labour Relations Act

by lloyd last modified 2010-08-30 04:55

186. Meaning of dismissal and unfair labour practice

Labour Relations Act (No. 66 of 1995 )
as amended by the
Amendment - Afrikaans Labour Relations Act 1998, Amendment - Labour Relations Act 1996, Amendment - Labour Relations Act 1998, Amendment - Labour Relations Act 2000, and  Amendment - Labour Relations Act 2002

Chapter 8 : Unfair dismissal and unfair labour practice


186. Meaning of dismissal and unfair labour practice

(1)           "Dismissal" means that-

 

(a) an employer has terminated a contract of employment with or without notice;

 

(b) an employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it;

 

(c)  an employer refused to allow an employee to resume work after she-

 

(i)         took maternity leave in terms of any law, collective agreement or her contract of employment; or

 

(ii)        was absent from work for up to four weeks before the expected date, and up to eight weeks after the actual date, of the birth of her child;

 

(b) an employer who dismissed a number of employees for the same or similar reasons has offered to re-employ one or more of them but has refused to re-employ another; or

 

(c)  an employee terminated a contract of employment with or without notice because the employer made continued employment intolerable for the employee.

 

(d) an employee terminated a contract of employment with or without notice because the new employer, after a transfer in terms of section 197 or section 197A, provided the employee with conditions or circumstances at work that are substantially less favourable to the employee than those provided by the old employer.

 

(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;

 

(b) unfair suspension of an employee or any other unfair disciplinary action short of dismissal in respect of an employee;

 

(c)  a failure or refusal by an employer to reinstate or re-employ a former employee in terms of any agreement; and

 

(d) an occupational detriment, other than dismissal, in contravention of the Protected Disclosures Act, 2000 (Act No. 26 of 2000), on account of the employee having made a protected disclosure defined in that Act.


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