Some Advice please

[Just Gone]

Tec as I said I am not repeating myself everytime for u just because u dont read posts.

[Dave A]

So are you looking forward to your next round at the CCMA?

Actually, it might be an idea for you to file with the CCMA over this instead of waiting for the employee

[sterne.law@gmail.com]

The employee not signing is just nonsense, presuming it is the straight forward conditions.
You made allowance for him to come back, despite him being in the wrong. You had done nothing wrong and he is fortunate to have been given another opportunity.
He has, arguably shown his character.
You are required to have signed contracts by law and therefore the employee must enter into such contract. It is a bit like a driver needing to have a valid driving licence.
Where to from here?
a) wait 5 days and then hold an AWOL procedure (may be hazy as the CCMA "agreement" ha sno actual restart date and was not re-instatement, it was re-employment, thus he is not employed until he starts work)
b) Correspond with the employee that he has 3 days to report to the office nad take up employemnt, and enter into a contract of employment failing which you accept he has no desire to do so and taht he has elected not to take up employment.

[Just Gone]

@ Sterne .... thanks for the advice - yes the guy has really shown his true colours.
@ Dave ............ I am seriously thinking of doing this !!

[tec0]

The employee not signing is just nonsense, presuming it is the straight forward conditions.
You made allowance for him to come back, despite him being in the wrong. You had done nothing wrong and he is fortunate to have been given another opportunity.
He has, arguably shown his character.
You are required to have signed contracts by law and therefore the employee must enter into such contract. It is a bit like a driver needing to have a valid driving licence.
Where to from here?
a) wait 5 days and then hold an AWOL procedure (may be hazy as the CCMA "agreement" ha sno actual restart date and was not re-instatement, it was re-employment, thus he is not employed until he starts work)
b) Correspond with the employee that he has 3 days to report to the office nad take up employemnt, and enter into a contract of employment failing which you accept he has no desire to do so and taht he has elected not to take up employment.

If I may, within the act if I remember correctly there is a time-frame that if a employee stays away for x amount of time that he/she is no longer considered as an employee?

I think the CCMA took a chance here as there was no letter of dismissal and or anything like that. Sending out a notice that the CCMA and law requirements there must be a contract emplace and enforce it as such is brilliant thinking.

That said; if the employer adopt a policy for example "those that Eskom uses: If you drunk and at work you will be spot fired" type of policies and perhaps draft and implement properly a policy about showing up on time and the like would that aid the employer in protecting his/her business?

I would imagine that policies can be useful in hearings if properly implemented and within the act?

[Just Gone]

Yes .... you mentioned these policies before on the first page !

[tec0]

Well it is your business run it your way

See where I do business, we must provide company profile, company policy along with a "red ticket" and a CV of each of our employees and there "red tickets" competency certificates and job tile along with job description along with letter of appointment. Then there is the all important safety file.

And that is just to get on the vender-list.

[tec0]

I believe this will help you when it comes to policies company rules and regulations. For more: Google is your friend. Loads of stuff available.

Basic Conditions of Employment Act, 1997 (No. 75 of 1997)
Code of Good Practice for employment and conditions of work for Expanded Public Works Programmes

15. Discipline, dismissal and termination

15.4 An employer may only dismiss a worker if-

a) there is a good reason for the dismissal; and
b) the employer has followed a fair procedure.

15.5 The reason for a dismissal or termination may relate to-

a) the worker's misconduct (e.g. late coming, drunkenness);

b) the worker's capacity (i.e. the worker does not have the skills or ability to perform a job despite receiving training); and

c) the worker's unexplained failure to attend required training programmes.

15.8 An employer must exercise discipline in a consistent and clear manner.

15.9) A worker may only be disciplined for contravening a workplace rule or standard that the worker was aware of or should reasonably have been aware of. Therefore, it is important that an employer informs workers of workplace rules and standards. A worker will be assumed to know that conduct such as late-coming, leaving early, drunkenness, fighting or disobeying instructions are disciplinary offences.

15.10) An employer should keep a written record of any disciplinary action taken.