When it comes to absenteeism and desertion, one of the principal obligations of an employee to a contract of employment is to render his / her services to the employer, from the agreed date and for the duration of the contract. This obligation requires that the employee present himself/herself at his / her place of work during the times specified in the contract. Any unauthorized absence (no medical certificate or […]
The employer is obliged to comply with the labour law requirements of substantive and procedural fairness first before it may be in a position to lawfully recover monies from you that are not regulated by statute. Salary Deductions: Section 34 of the Basic Conditions of Employment Act No 75 of 1997 provides that: • An employer may not make any deductions from an employee’s remuneration unless: a) Subject to subsection […]
What is a training layoff? A training layoff is a temporary suspension of work of a worker or group of workers that is used for training purposes; workers remain employed during the training layoff period and are paid a training allowance; participation in the training layoff scheme is voluntary and is an alternative to retrenchment; training is flexible but linked to the skills needs of the employer; the scheme is […]
It is a myth that an employer may not amend the terms and conditions of employment. We have many queries from our clients asking us whether medical aid, car allowances, travel allowances, etc. can be changed. These changes can take place if the employer can show that there is a good reason for the change and if the employer can also show that there has been a properly constituted discussion […]
Since November 1996, when our new Labour Relations Act was brought into being, we saw the start of the Commission for Conciliation Mediation and Arbitration (CCMA) and since then we have seen complaints going to this Commission at the rate of 500 per day. The majority of these complaints have been about single unfair dismissals and the largest sector affected by this, has been the retail sector. In many cases, […]
We have been bombarded from firms large and small, across the country, as to whether they need to pay their staff when there is a black-out. The question is obviously loaded and clearly the desired answer is not always forthcoming. The electrical outages have created havoc in the employment arena. Obviously the losses incurred by small and large businesses will be documented in the future but these losses in fact […]
In the field of employment law, the general rule applies that before any decision is made, the employee must be heard. The Latin phrase, audi alteram partum, means both sides must be heard. When in doubt, it is always better to have a disciplinary hearing or at least a discussion before a decision is made. There is however an exception to this rule. When, in certain circumstances, a decision is […]
In an article by Sarah Womack in the Telegraph, it appears that England has exactly the same problem we have in the South African Labour Legislation. According to the Equal Opportunities Commission, there are numerous instances where employers have chosen other reasons to try and dismiss employees who report that they are pregnant. In this day and age, most employers are fully aware that to dismiss simply for being pregnant […]
A vexed question of law often has been – who can chair a disciplinary hearing? Obviously, any person who has been involved in the investigation has knowledge of the facts and of the “charges”, is disqualified from being the Chairperson. The cornerstone of competence of the Chairperson is one of dependence and any sort of bias might be interpreted in favour of the employee and the Chairperson should recuse him or […]
Refusal to Accept Reasonable Alternative Offer In terms of Section 189 of the Labour Relations Act, the Employer is obliged to try and find alternative positions for the people who are occupying positions that will in due course become redundant. If there is a reasonable and similar position to the one held by the employee affected, and this position is offered at a similar salary, then the refusal to accept […]
