contract

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?

Keeping tabs: The importance of proper record keeping in business

The requirement for record-keeping arises from the Basic Conditions of Employment Act (BCEA), wherein Section 29, read with Section 31, provides that an employer must keep a record of the terms and conditions of employment for each employee. The Act further provides that employers must record the working hours of all employees in an attendance [...]

2023-01-30T13:11:14+02:00January 30th, 2023|General|Comments Off on Keeping tabs: The importance of proper record keeping in business

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

It’s all about the procedure followed – How failing to follow the correct procedure prior to dismissal may land an employer in hot water

A situation that many a naïve employer has sat with at the Commission for Conciliation, Mediation and Arbitration (CCMA) or another relevant forum, is that of being confronted by a situation whereby they have dismissed an employee for legitimate and serious misconduct. Yet, they are informed by the relevant forum that they need to consider [...]

2023-01-12T13:54:11+02:00January 12th, 2023|Dismissal|Comments Off on It’s all about the procedure followed – How failing to follow the correct procedure prior to dismissal may land an employer in hot water

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!

The conversation, after a warning

The workplace is regulated by a set of rules and directives that guide the efficiency of the business and the stability of the employer-employee relationship. Often, when an employee has stepped out of line either by act or omission, the employer may issue a warning. The very essence of a warning is to bring to [...]

2022-12-12T14:27:26+02:00December 12th, 2022|General|Comments Off on The conversation, after a warning

The Employer did not follow any procedure prior to the dismissal

The Guidelines on Misconduct proceedings, as published by the CCMA, set out the basic guidelines that employers must follow prior to dismissing an employee for misconduct. It states that where a workplace disciplinary procedure exists, a commissioner must have regard for that disciplinary procedure's existence and legal status. If there is no workplace procedure, the [...]

2022-12-06T13:21:21+02:00December 6th, 2022|Dismissal|Comments Off on The Employer did not follow any procedure prior to the dismissal
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