Basic Conditions of Employment Act

Taking Proactive Steps when Receiving a Compliance Order

Whether an Employer operates within the scope of the Basic Conditions of Employment Act (BCEA) or is regulated by a Bargaining Council and its consequent Collective Agreement, compliance is a prerequisite that no Employer can shy away from. In the context of Employers operating outside of the scope of any Bargaining Council, the BCEA prescribes [...]

2023-07-11T14:41:25+02:00April 19th, 2023|Labour Relations Act|Comments Off on Taking Proactive Steps when Receiving a Compliance Order

What are the consequences if an employer fails to report an injury on duty?

It is common cause that when an employee gets injured during the course of employment, it will be classified as an injury on duty. Any employer with one or more employees employed must register with the Compensation fund. The Compensation fund for Occupational Injuries and Disease Act (COIDA) 130 of 1993 regulates and enforces the [...]

2023-05-18T12:39:08+02:00February 27th, 2023|General, Theme|1 Comment

Why do employers fail to issue UIF documentation and service certificates to employees?

It frequently happens that employers are required to attend the Commission for Conciliation, Mediation and Arbitration (CCMA) under the auspices of referrals, such as Section 73A disputes, which can sometimes be quickly resolved by providing the employee with their UI19 documents and certificate of service. These issues can be very inconvenient for an employer as [...]

2023-05-18T12:40:38+02:00February 20th, 2023|General, Theme|Comments Off on Why do employers fail to issue UIF documentation and service certificates to employees?

Disciplinary action & the withholding of benefits, do I sense double jeopardy?

When an employee commits misconduct, the employer must take disciplinary action against that employee. In some cases, employers also deduct the employee’s remuneration or withhold certain benefits as punishment. Can this be regarded as double jeopardy? Is an employee being punished twice for the same offence? In Solidarity obo K Oelofse vs Armscor (Soc) Ltd [...]

2023-02-14T15:15:59+02:00February 14th, 2023|General|Comments Off on Disciplinary action & the withholding of benefits, do I sense double jeopardy?

Unlawful deductions when employees are dismissed

Upon termination of the employment relationship between an employer and an employee, a final payslip will be issued to the employee, which may indicate certain deductions. These deductions are often met with dissatisfaction and misunderstanding from employees who tend to seek some form of relief. Although certain deductions to an employee’s salary are permitted, employers [...]

2023-05-18T12:41:56+02:00February 9th, 2023|General, Theme|Comments Off on Unlawful deductions when employees are dismissed

An employer appointed an employee with a fake degree; what now?

Specific job requirements demand that the candidate possess a particular degree or qualification. What can an employer then do if it is discovered, after the appointment, that the qualification is fake or has been forged by the employee? Before answering this question, students and job seekers should be aware of the new National Qualifications Framework [...]

2023-02-07T14:04:11+02:00February 7th, 2023|General|Comments Off on An employer appointed an employee with a fake degree; what now?

What statutory monies does an employer owe an employee upon dismissal?

There is a common misconception that when an employee is dismissed due to misconduct, the employee has no entitlement to any statutory monies. This misconception, however, needs to be corrected. Section 73A(1) of the Labour Relations Act (LRA) determines that: “Despite Section 77, any employee or worker, as defined in Section 1 of the National [...]

2023-05-18T12:43:05+02:00February 6th, 2023|General, Theme|Comments Off on What statutory monies does an employer owe an employee upon dismissal?

Shining a light on employee moonlighting

Employees are contractually obliged to render their services to their employer during the agreed-upon working hours as captured in the employment contract. The employee, in return, is free to pursue their commercial interests outside the agreed-upon working hours. One crucial consideration to bear in mind, however, is the employee's implied duty to serve the employer [...]

2023-01-24T13:16:14+02:00January 24th, 2023|General|Comments Off on Shining a light on employee moonlighting

Risk of a verbal dismissal and the denial thereof

Some employees and employers who are not affiliated with any labour consultancy, employer organisation or trade union may need to be better informed about the steps or processes that need to be followed when one of the parties wants to terminate the employment relationship. In some cases, employers may find themselves in situations where employees [...]

2023-05-18T12:44:41+02:00January 23rd, 2023|Dismissal, Theme|Comments Off on Risk of a verbal dismissal and the denial thereof

But I worked two Sundays this month – I haven’t been paid correctly!

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 [...]

2023-05-18T12:46:36+02:00January 9th, 2023|Contracts, Theme|Comments Off on But I worked two Sundays this month – I haven’t been paid correctly!
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