Senwes Scenario Augustus / September 2017 - Page 60

•••• Nie seker watter Efekto produk om te gebruik nie? DESKUNDIGE TUINADVIES EN WENKE STUUR ‘N FOTO, IDENTIFISEER ‘N TUINPES VOLLEDIGE PRODUK- KATALOGUS T RA D E N E W S The small business owner & labour disputes S teps small businesses should take in the event of a dispute are dependent on the nature of the dispute and the forum to which it has been referred. In almost every dispute, the first step is for the employee to lodge a dispute with the CCMA or bar- gaining council with jurisdiction over the employer. Once the employer is aware of the dispute and receives a copy the next step is for the CCMA/bar- gaining council to convene a meeting of parties in the form of conciliation or conciliation/arbitration. The employer must attend, if not the CCMA/bar- gaining council could proceed in its absence. The purpose of conciliation is to establish if the employer and employee can resolve the dispute ami- cably and by agreement. If not, the CCMA will issue a certificate of non-resolution (where the parties are only conciliating the dispute) or will proceed to arbitrate the dispute (where the meeting convened is a conciliation/arbitration and where no objections have been lodged). THE HIGH COST OF INEXPERT ADVICE In case of unfair dismissal, the CCMA/bargaining council and Labour Court have authority to rein­state an employee alternatively to award that employee compensation up to a maximum of 12 or 24 months remuneration, depending on circumstances. WE RECOMMEND THAT THE FOLLOWING INFORMATION BE OBTAINED: Given the financially consequences which may arise for SMEs where employees have been dis- missed, SMEs are advised to get expert employment legislation advice if they lack experience to deal with such issues. Laai die GRATIS Efekto app af om uit te vind . Beskikbaar op: HELPFUL LINKS: The National Employers’ Association of South Africa’s (NEASA) website contains a list of resources to assisting employers (www.neasa.co.za). The law in terms of labour policies and procedures (www.ccma.org.za/). Employers must familiarise themselves with South African labour laws, act promptly in a dispute and be active during conciliation process. This allows the small businesses to focus on the success of their business rather than on long and costly employment disputes. 58 AUG/SEP 2017 • SENWES Scenario