Even with the quick progression of technology and better record-keeping systems when it comes to employee hours and work done, there nonetheless still exists numerous disputes that arise as a consequence of overtime and Sunday hours worked by an employee. As a general rule, the ordinary hours worked and any overtime or Sunday hours worked [...]
There is a clear distinction between an Employee and an Independent Contractor, as each has its distinguishable characteristics. There are, however, many instances where an independent contract may be disguised as an employment contract and sometimes even relied on to seek relief or recourse from the other party. It is essential to consider the intention [...]
Employers have a right to implement workplace policies to regulate employees' conduct. The breach of such policies is usually the cause of disciplinary proceedings because employers use the policies to determine misconduct and categorise it accordingly. So, what happens if the company has not implemented any policies? Can the employer still discipline the employees? Employers [...]
It often happens when a matter is referred to the CCMA that specific issues in dispute are due to miscommunication or misinterpretation between the parties. This can be easily avoided by giving new employees proper training in their duties and responsibilities. Though challenging at the time, never underestimate the importance of defining roles and responsibilities [...]
The word “casual” is not defined by the Basic Conditions of Employment Act. The word employee is, however, defined as follows: “Any person, excluding an independent contractor, who works for another person, or the state, who receives or is entitled to receive remuneration”. The act goes further by defying an employee as “any other person [...]
The status of an employee must be established from the beginning of the employment relationship, be it permanent, fixed term or temporary. Once the employee's status has been determined, it is essential to specify the particulars of the employment relationship. Although a written contract is not a prerequisite for a valid employment contract, it is [...]
When a contract of employment is terminated, there are various processes that the employer needs to implement. Aside from the internal processes such as removing the employee from the payroll system, disabling passwords and accounts and collecting company assets, there is the processing of documentation such as the certificate of service, the employee's UI-19 and [...]
Employees are one of the most valuable assets in a company, especially having the right employees. Therefore, employers often need to "try out" the employees to see if they have the necessary skills and will be compatible with their new working environment. That is where probation comes in. The purpose of a probation period is [...]
A restraint of trade is a provision within an employment contract which stipulates that in the event of termination of employment, an Employee is restricted from taking up employment of similar work. The restraint of trade is not absolute and may only be applied for a reasonable period and within a specific geographical location. A [...]
The various interpretations afforded to the "Deeming Provision" contained in Section 198A(3)(b) of the Labour Relations Act 66 of 1995 have been shrouded in confusion and uncertainty for a long time. However, the Labour Appeal Court decision handed down on 10 July 2017, reported as NUMSA v Assign Services and Others LAC Case No: JA96/16, [...]