Managing staff expenses and work schedules during Power Outages/ Loadshedding

Managing staff expenses and Work Schedules during power outages/load shedding. Eskom’s load shedding is putting a damper on the prospects of many small businesses. It is undermining business confidence, may result in retrenchment of staff and loss of income for both the employee and the employer. Frequently Asked Questions: CAN AN EMPLOYER REFUSE TO PAY AN EMPLOYEE FOR TIME LOST DURING A POWER FAILURE? The employment contract is a […]

Domestic Workers and Wage Increase

Despite a series of national public hearings hosted by the Department of Labour early in this year, domestic workers do not have much to rejoice about as the minimum annual wage increase is nominal. The minimum wage with effect from 01 December 2014 to 30 November 2015 in the City of Cape Town area, for those domestic workers who work more than 27 ordinary hours per week is R10.59 per […]

THE ESTABLISHMENT OF THE EMPLOYMENT SERVICES ACT

The Employment Services (ES) Act, passed by parliament, is now awaiting promulgation by the state president. The new piece of legislation will play a crucial role in the labour market to provide regular, comprehensive and up to date information to shape labour market policies and programmes. To give effect to the legislation, a process to set up an ES board, that will advise on employment services’ matters is in the […]

Sexual Harassment

Sexual harassment is probably the most prevalent form of harassment in the workplace. Employers should have a sexual harassment policy and a Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace. This Code is intended to eliminate sexual harassment in the workplace. It does this by assisting employers and employees to understand the nature of sexual harassment as well as ways of responding to it […]

COIDA

What is Compensation for Occupational Injuries and Disease Act (COIDA) COIDA is the Compensation for Occupational Injuries and Disease Act. This is the new name for WCA or Workmen’s Compensation Act. The Act provides for compensation for disablement caused by injuries sustained or diseases contracted by employees in the course of their work, or death resulting from such injuries or diseases. Who can claim Compensation under COIDA? Anyone, who is employed […]

THE EMPLOYMENT EQUITY AMENDMENT ACT

The Employment Equity Amendment Act came into operation on 01 August 2014 and has significant implications for employers. Among others, the Act further regulates the prohibition of unfair discrimination against employees, and the certification of psychometric testing used to assess employees. It also provides for the referral of certain disputes for arbitration to the Commission of Conciliation, Mediation and Arbitration (CCMA) as opposed to the Labour Court for adjudication. Also […]

AUTOMATIC UNFAIR DISMISSAL

An employer may not unfairly discriminated against an employee, directly or indirectly on any arbitrary ground including but not limited to race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility Section 187 of the Labour Relations Act lists the reasons for which an employee may not be dismissed under any circumstances – such dismissals are […]

Automatically Unfair Dismissals

When is it an Automatically Unfair Dismissal? Section 187 reads as follows regarding automatically unfair dismissal: 1. A dismissal is automatically unfair if the employer, in dismissing the employee, acts contrary to section 5 or if the reason for the dismissal is: a) That the employee participated in or supported, or indicated an intention to participate in or support a strike or protest action that complies with Chapter IV. b) […]

What is unfair labour practice?

Definition of Unfair Labour Practice The Definition of Unfair Labour Practice is 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; PROMOTION The unfair labour practices definition includes […]

DEFINITION OF DISMISSAL

Definition of dismissal: • an employer has ended a job contract with or without notice; • an employer did not renew a job contract as agreed, or offered to renew it on less favourable terms; • an employer does not allow a worker to return to work after she – o has taken legal maternity leave; o has been absent up to 4 weeks before and up to 8 weeks […]

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