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 For example, the employer may discover later on that he is not doing so well in the position he was hired for. Wallace Albertyn is a Senior Associate and Legal Advisor at LabourMan Consultants. BASIC GUIDE: LABOUR RELATIONS IN SOUTH AFRICA. So employers must be cautious when considering demotion as an option for employees. A perception exists that when 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. There are 3 grounds for divorce in South Africa: Irretrievable breakdown of the marriage, Continuous unconsciousness of a spouse, Mental illness of a spouse Procedures prior to Demotion 3 5. 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 – … This argument was rejected. Demoting an employee can only be done under certain conditions. What will benefit the employer is to minute the consultation as proof, should this employee refer a matter to the CCMA. 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. d. Poor Performance 4. Get your South African law questions answered by Experts. Grounds for Demotion The Council may demote an employee on the following grounds: a) Misconduct b) Re-Organisation c) Physical or Mental Disability 5. The mental illness of a party to the marriage as outlined in Section 5. INSTANCE#1: Alternative to retrenchment The recent Constitutional Court case of South African Revenue Service v ... the chairperson’s overall sanction was “dismissal with an alternative of demotion”. Since there is no statutory requirement to pay any bonus,... LabourMan Consultants Concord Employment Contractors, Subscribe and receive labour related information. It is, therefore, imperative that a demotion as a disciplinary sanction must be preceded by a disciplinary hearing. Solidarity obo Kern v Mudau and others Case No. 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. Absence without leave is grounds for dismissal and/or demotion depending on the type of job held and the expectations of the agency. Reasons to demote an employee. In Sass vs African Life Assurance (2005, 6 BALR 682) the employer demoted the employee for failing to make sufficient sales. SAMPLE – Demotion with Prejudice [Date] [Name] [Address] Via [Hand Delivery OR Certified Mail No._____] Dear [Mr./Ms. 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. 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. JUDGMENT LALLIE J . Whose dispute is it anyway? The employee lacks skills for their current position. 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. 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 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. You are eliminating the employee’s position. situation where the employee just is not meeting the requirements of the job The demotion is an alternative to retrenchment. The employer can not demote a person without a valid reason. Improving the knowledge and skills of South Africa’s teachers is an important part of strengthening our education system. Every employee/worker is entitled to fair labour practices in South Africa. 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. 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 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. Also, in this instance, it is imperative to consult and/or counsel the employee before the demotion is effected. An employer would consider a demotion as an alternative to retrenchment. Definition of Demotion 3 3. Employers need a vigorous platform to assist them in a meaningful way. This is because one wrong move could result in an unfair labour practice. 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. JA85/18)- Bringing finality to the debate of resignations with immediate effect to escape disciplinary action. refilwe May 9, 2018 Will 0 Comments 1626 views. In today’s world, we need to arm ourselves with as much information regarding our rights. There are many potential reasons for demoting employees: The employee demonstrated poor performance. 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. Demoting an employee can only be done under certain conditions. This is because even though the employee might be earning less money, he at least still has a job. Demotions, that is the reduction in an employee’s job grade (or rank) and status, can be a tricky area for employers. 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. Spoilt for choice. 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? Thus, under these circumstances, demotion will be permissible where dismissal is justified, and the employee has consented to the alternative, namely demotion. South Africa is beautiful. If he does not the employer will have to have sufficient reasons to do so. 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. Misconduct; b. Reorganisation; c. Physical or mental disability. Disciplinary Hearings and CCMA Representation, Trade Union Representation and Strike Negotiation, Mitigatory, Extenuating and Aggravating Circumstances. 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. Those were: The second respondent lacked jurisdiction to entertain the … 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. What to do when you receive a compliance order for the National Minimum Wage? In a situation where the employee is just not meeting the requirements of the job, an employer may consider demotion. CEO strives to be that voice for Employers. (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). 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. Only consider demotions in the following three instances to avoid an unfair labour practice. The employer cannot afford to pay the employee’s salary. The applicant effectively sought to attack the award on four grounds. Search. This was a competent finding in terms of the department’s employee relations guideline. If there are circumstances of unfair labour practices, then the fair demotion could be deemed to fair in our law. Lavery Modise and Sicelo Mngomezulu The Labour Relations Act makes provision for the demotion of an employee in the right circumstances. Last Name]: The purpose of this letter is to advise you of my decision to demote you from your position of The employee might actually perform better in a lower position as opposed to his/her current one. Especially when it comes to fair and unfair labour practices., according to Labour Relations in South Africa. 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? 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. 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. 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. 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. A formal enquiry must be held with the minutes recorded to ensure that the employer is procedurally compliant. 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. 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. Read More, © Copyright 2017 Consolidated Employers Organisation | Ref. The legal realm is divided broadly into substantive and procedural law. All About Wills in South Africa – Registrations and Administrations of a Will. •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; However, the requirements for substantive and procedural fairness must be satisfied. IN THE LABOUR COURT OF SOUTH AFRICA HELD AT PORT ELIZABETH ... demotion. 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. 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. 3. It is that time of the year when many employers pay bonuses to their employees or employees expect to be paid bonuses. 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." Home / grounds for contesting a will in south africa. 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. Demotion as an unfair Labour Practice. Procedures prior to Demotion An employee shall only be demoted after a full enquiry into the circumstances Based on work performance. Someone … Grounds for Demotion The Council may demote an employee on the following grounds: a. ... Last week my contract was terminated on the grounds of poor performance and attitude issues. However, if an employee unreasonably refuses to accept the demotion, then he/she will not be entitled to severance pay. 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). NOTE: The employee will need to agree to the demotion. This would involve disciplinary action just short of dismissal. 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. You are disciplining the employee for misconduct. An employer cannot just say: ‘I’m going to demote her because she is impossible’. 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. Grounds for Demotion 3 4. An employer may look to demote an employee as an alternative to dismissal after That will probably be unfair. They need a voice that will do for them what COSATU does for unions and their members. No. The employee might actually perform better in a lower position as opposed to his current one. 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. For example, it could be based on the fact that he will be earning less money. In a situation where the employee just is not meeting the requirements of the job, an employer may consider demotion. TIP: NOTE: This may also apply to a new employee who was recently appointed. 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 INSTANCE#2: Misconduct 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. 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. The Court reasoned that all judges are expected to put party political loyalties behind them upon appointment. This is so because even though the employee is earning less, he/she still has a job. Grounds for review [5] The applicants submitted that the award is susceptible to review because in GROUNDS FOR DIVORCE IN SOUTH AFRICA: When and under what circumstances can one file for divorce. In other words, it is the only viable option, apart from dismissal itself. 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 employee is no longer able to carry out his/her job due to illness/injury. 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. It boasts advanced infrastructure, a temperate climate, diverse cultures, and scenic landscapes. However, where there is a So, employers must be cautious when considering demotion as an option for employees. 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. INSTANCE#3: Incapacity REPUBLIC OF SOUTH AFRICA IN THE LABOUR COURT OF SOUTH AFRICA, PORT ELIZABETH JUDGMENT Not Reportable ... demotion. ,... 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