Contracts

Arguing of Tacit and Implied Terms in a Contract of Employment at the CCMA

Employers often find themselves in situations at the CCMA or a Bargaining Council where an applicant or a union alleges that a certain transgression made by an employee, was not stipulated in their contract of employment.   This issue is usually raised when an applicant alleges that a specific duty, does not form part of [...]

2018-10-19T11:01:51+00:00October 12th, 2018|Contracts|Comments Off on Arguing of Tacit and Implied Terms in a Contract of Employment at the CCMA

Desertion in the workplace: How to shift the blame

An employer is often faced with a situation where an ex-employee shows up at the workplace to come and collect his/her “Blue Card”, a terminology used in relation to an UI-19 form. Your HR department, would have already notified the Department of Labour that you have stopped making any further contributions for this specific citizen, [...]

2017-10-11T11:15:50+00:00November 5th, 2015|Contracts, Dismissal, Resignation|Comments Off on Desertion in the workplace: How to shift the blame

Important Factors Changing Independent Contractors Into Employees

Employers often find themselves being dragged to the CCMA, when they believe that the applicant is not an employee. Almost in all cases the intention of the employer was never to regard the individual as an employee, but are vexed with a rude awaking when they realise that South Africa’s labour law, has made provisions [...]

2017-10-11T11:14:25+00:00October 22nd, 2015|Contracts, Labour Relations Act|Comments Off on Important Factors Changing Independent Contractors Into Employees