As with other disputes, disputes involving allegedly unfair labour practices must first be referred to the CCMA for conciliation. If the dispute is not resolved after conciliation, the parties may refer the dispute to the labour tribunal for decision or arbitration, provided the parties have agreed. The Court has broad discretion and can decide the dispute under conditions it deems appropriate, including, but not limited to, the order for rehiring or compensation. The worker entered into a separation agreement with Reckitt Benckiser in order to fully and definitively oppose any claims that the parties might have against each other. The fact that the separation is binding after the signature may be a disadvantage, particularly if the employee has not been assisted by a lawyer. This is because an employee will often settle for unfavourable conditions because he thinks it was the only option he had. It is important that the worker has sought the necessary support before entering into a mutual separation agreement and that he is fully aware of his rights. Unfortunately, after the signing of the agreement, it is too late for staff to renegotiate new billing conditions. The agreement must identify tax deductions and payment rules. In some cases, a company continues to pay to the employee`s health insurance. This may be the case, for example, if you are in a group health insurance program.
The Constitution goes even further by providing children with additional protection against abusive labour practices – section 28, paragraph 1, paragraphs e) and (f). In Cook4Life CC/Commission for Conciliation, Mediation – Arbitration – Others (2013) 34 ILJ 2018 (LC), the Labour Tribunal considered whether the Conciliation, Mediation and Arbitration Commission (CCMA) had jurisdiction to determine the validity of mutual separation agreements. The LRA`s approach is very different from that of its predecessor. The collective dimension of unfair labour practice and, therefore, the obligation to negotiate have in fact been removed. However, collective bargaining is clearly encouraged, albeit by another route. The aim was to create a legal framework conducive to negotiation, while preventing judicial appropriation of politically sensitive terrain. Among the main measures to promote negotiation are: workers who work at night are protected in the sense of BCEA. Night work is between 6 p.m. and 6 a.m. the next morning. An employer can only require a worker to work at night if there is an agreement with the worker (for example.
B in the employment contract), the worker receives an allowance (which may be a shift work allowance) or a reduction in working time and when transport between the place of residence and the place of work is available. There are a number of strict rules regarding night work, including the rules contained in a code of conduct adopted under BCEA, to ensure the health and safety of workers who work at night. Employers may require that the terms and conditions of the separation agreement remain confidential. A confidentiality or confidentiality agreement should indicate what remains private – trade secrets, financial affairs, client lists, etc. It must also list exceptions to the confidentiality clause (lawyers, spouses, etc.). In other words, when a worker asserts that the mutual separation agreement he has entered into is not valid (due to coercion or misrepresentation), the CCMA should decide whether the mutual separation agreement is valid. If it finds that the mutual separation agreement is not valid, the agreement should be repealed and the CCMA should decide whether to dismiss unjustifiably.