Alex Can a senior manager be dismissed for poor work performance?
In Palace Engineering (Pty) Ltd v Ngcobo & other (2014) 35 ILJ 1971 (LAC) the Labour Appeal Court found that the dismissal of a senior managerial employee for poor work performance was unfair in circumstances where the employer had not provided the employee in question with the tools required to satisfactorily perform these functions.
What are the seniority rights of an employee?
Seniority Rights. Based on an employee’s seniority, preference can be accorded him or her in such areas as promotion, transfer, shift assignment, scheduling, vacation accrual, layoff, and recall after temporary layoff.
How is seniority determined in a collective bargaining agreement?
As an employee’s seniority grows, he or she accrues certain rights and privileges. Collective bargaining agreements usually calculate seniority by total length of service, sometimes with consideration for length of service within a particular craft or department.
Seniority Rights. Based on an employee’s seniority, preference can be accorded him or her in such areas as promotion, transfer, shift assignment, scheduling, vacation accrual, layoff, and recall after temporary layoff.
As an employee’s seniority grows, he or she accrues certain rights and privileges. Collective bargaining agreements usually calculate seniority by total length of service, sometimes with consideration for length of service within a particular craft or department.
Can You claim seniority over another emplyee?
Unless you believe you are being denied seniority for any of the above-stated reasons, there is no recourse for you to claim a seniority right over another emplyee Do you believe any of these apply in your situation?
When is an employer prohibited from retaliating against an employee?
Employers are prohibited from retaliating against anyone (whether or not they have performed military service) who: 1 files a complaint under the law; 2 testifies, assists or otherwise participates in an investigation or proceeding under the law; or 3 exercises any right provided under the law.