The protection from harassment act comes into play. On 5 December 2011, the Protection from Harassment Act (the PHA) was published in the Government Gazette. The Act came into operation on 27 April 2013. In terms of this Act, victims of harassment may apply to the Magistrate’s Court (the Court) to have a protection order issued. Such an order may be handed down against any person who engages in prohibited […]
During a disciplinary hearing procedure; employees are either guilty or not guilty per the lesser burden of proof known as proof on the balance of probabilities. Typically, direct evidence (eg eye witness accounts) are utilised to prove guilty in a disciplinary hearing. However, on occasion, in the absence of such direct evidence, so-called circumstantial evidence may be sufficient to prove guilt. It is apparent therefore that direct witnesses are not always […]
Monitor your domestic worker with a surveillance camera The employer has the onus of proving that the dismissal was fair and lawful. When an employer has installed close circuit video surveillance cameras in order to monitor a domestic worker’s activities and believes he/she has video footage proving some misconduct, such as misappropriation of the employer’s property, the employer must ensure that the video evidence is admissible at the CCMA or […]
With effect from 01 December 2012, domestic workers will receive a minimum wage increase. Currently domestic workers who earn a wage of R1625.70 per month will be increased to R1746.00 per month with effect from 01 December 2012. Even though domestic workers play such an essential role, the minimum wage increase is appalling and domestic workers continue to remain exploited, undervalued employees in our society. Generally, they are marginalised and […]
Suzanne van Niekerk, an unemployed domestic worker residing in Clanwilliam, decided to seek work in Cape Town. She was introduced to the owner of a domestic worker agency who persuaded her to move to Cape Town for a job. Mr Jan Swanepoel, the owner of said agency, promised Suzanne a well-paid job as a domestic worker in the affluent suburb of Camps Bay, Cape Town. He paid her transport costs […]
The aim of the blitz is to target employers to ensure compliance with legislation. Each year labour inspectors undertake inspections at homes to check whether the employers are complying with Sectoral Determination 7: Domestic worker sector, the Unemployment Insurance Act and the Labour Relations Act. Labour inspectors have a checklist to verify whether the domestic worker is not being underpaid, that a contract of employment has been drafted and signed […]
DOMESTIC WORKER MINIMUM WAGE INCREASES FROM 1 DECEMBER 2012 Wage Tables for the Domestic Worker Sector Table 1 Minimum wages for domestic workers who work more than 27 ordinary hours per week Area A Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan […]
Dismissal may not automatically follow incarceration The arrest and imprisonment of an employee presents employer’s with significant challenges in that the employee is incarcerated and absent from work. It is possible that the employee is granted bail and returns to work relatively and quickly. A different challenge faces employers, however, when bail cannot be raised or is not granted. The employer clearly faces operational challenges in the light of the […]
Resolving Workplace Issues: Consistency can be achieved by employers adhering to the following key principles: 1. An employer may not suddenly discipline for an act which was overlooked in the past. There is, however, nothing wrong with an employer becoming stricter with regard to certain issues, as long as employees are properly informed of the employer’s intentions in this regard. 2. All employees guilty of a breach of company rules […]
A guide for chairing a disciplinary hearing: 1 Welcome all present. 2. Introduce yourself and any other participants unknown to each other. 3. State the purpose of the enquiry : 4. Ask the employee if he/she understands his/her rights as explained in the Notice of Disciplinary Enquiry.If the answer is in the negative, go through his/her rights with him/her. 5. Ask if he/she has a representative present and record the […]
