I just came back to work after 3 ½ months unpaid Maternity leave, during this time there were 3 public holidays & 4 days that the company gives everyone as a gift, which every one got paid for except for me. Can I ask for them to pay me those days what is my right?

Answer:

Unfortunately not. Maternity leave is compensated via claims to the department of labour and the company is not obliged to cover you during this period. Nothing compels them to pay you for these days.

Please will you advise me? I work for a power station. Are they allowed to install cameras on the floor and use it against you in a hearing? They did not tell us at all. What do I do in this case?

Answer:

The company has every right to use security cameras on their premises and may use footage if you have committed a misconduct. If you have done nothing wrong then you have nothing to worry about. Obviously you have and must now accept the consequences. This footage is evidence. You must receive all allegations against you with details in your notice of enquiry. You have every right to demand this.

I want to take study leave for a month. I have been employed for three years now. What are my labour law rights?

Answer:

You are only entitled to four days study leave after completing twelve months service. You would have to ask the company permission to use annual leave for the balance.

How long is a strike certificate valid for once it has been issued? How does one get it rescinded if it has been issued 3 months ago and the members have still not acted on it?

Answer:

Unfortunately in law it does not expire until they use it. Once used they cannot use it again. Many unions get it so as to hold a pending threat over the company. They can,however,only use it for the issues that it was obtained for and not anything they please. Attempt to resolve the issues for which the certificate was issued for and if successful they will not be able to use it then.

What remedies does the Act afford employers and employees if one or other party either refuses to bargain or bargains in bad faith?

Answer:

This matter can be referred to the CCMA by either party and the commissioner will then assess the merits as to who is acting unreasonably. They have the power to “instruct” that party to bargain in a reasonable manner in order to ensure harmony in the workplace.

Our company requires that we work away from home and provide accommodation but expect us to pay for our food expenses, is that fair? Also we don’t have contracts and are afraid to ask in fear of loosing our jobs, some of us have families and cannot afford that. We also get paid very little, R60 per day for some from 7am till 4pm, is that a fair wage? We also don’t get days off unless we take them on our own and then we don’t get paid if we don’t come to work. We work 7 days straight and even nights during that period. Also if we bring a legitimate sick note we still do not get paid. Is there anyone we can report these matters to in confidentiality?

Answer:

You may approach the Dept of Labour and lodge a complaint. They will treat as confidential. What you have described is indeed unfair.

What is the legislation on half day working hours and smoke breaks for a half day worker?

Answer:

The law does not set particular hours for smoke breaks. This is at the companies discretion and employees are expected to comply with such prescriptions. Maybe chat with your manager and ask what they think is reasonable and when you can go out for a couple of minutes.

If company is taken over by another will a restrain of trade under the first company still apply or should a new contract be signed? Also if the company’s contract with a customer lapsed and the customer of the company comes out on public tender for the same contract again can you tender without breaching a restrain of trade?

Answer:

My opinion is that any terms and conditions will remain intact if the company went through a section 197 transfer as an ongoing concern. If there is a public tender then it is fair game for all service providers as the initial contract is now null and void.

I started at this company in April 2009 in the filing department and after 3 months they made me permanent and I was moved to the call centre where i wanted to be. They are refusing to pay me the call center salary and I was told that the company could get someone else for the salary i am getting in the call center. They them hired two more people after me and they are getting a higher salary that I am getting and the one person is not even permanent yet. What can I do to get the salary that I am entitled to?

Answer:

Have a meeting with your manager first so as to get the reasoning behind what is happening. Don’t be scared to raise your concerns. If you don’t ask you don’t get! Failing which you may raise an unfair labour practice via the CCMA to address this matter correctly.

What remedies does the Act afford employers and employees if one or other party either refuses to bargain or bargains in bad faith?

Answer:

This matter can be referred to the CCMA by either party and the commissioner will then assess the merits as to who is acting unreasonably. They have the power to “instruct” that party to bargain in a reasonable manner in order to ensure harmony in the workplace.

What is the legislation on half day working hours and smoke breaks for a half day worker?

Answers:

The law does not set particular hours for smoke breaks. This is at the companies discretion and employees are expected to comply with such prescriptions. Maybe chat with your manager and ask what they think is reasonable and when you can go out for a couple of minutes.

We had a disciplinary at a registered sports club against a member and the chair and assistant refused that he may be be represented by a fellow member. Is this legal?

Answer:

No not legal bud! Hearing will be procedurally unfair if he asked for a representative (fellow employee) and was refused this. Law allows every person representation where appropriate.

A close friend of mine applied for and was awarded an internal promotion. A contract was signed stating the new job title and change of working hours and salary and a date of commencement was in that document. Then the company said that due to ‘business requirements‘ the new post could not be taken up at that date, which has now passed, the salary and working hours have remained the same rather than was as stated in the document. This is due to no replacement being hired for her, even though there was a three month period in which to do so. Does she have any legal recourse and who could she contact?

Answer:

Contractually the company is bound to uphold the “new” terms and conditions. It is not her fault they have no replacement. Her recourse would be to file a breach of contract/unfair labour practice matter at the CCMA. She will have a strong case more especially if she has the new contract in her possession.

Remember however that they will not be happy bunnies if she goes this route and there will be flack of various depths.

She needs to maybe chat with them first and address the concerns as to gauge their response first.

My company has decided late November 2009 that the sales team’s salaries must be cut in half but the cut half will be made up in commission, monthly target amount is rather high R800,000 to assure that I earn the R14,000 I’m losing. As a single parent I can’t afford to lose anything. But it has come to light that one sales person salary will not be cut and a no commission base.

The company also paid our medical aid in full and has advised us as from 1 January 2010 they will only pay half of our medical aid. Can the company only put certain sales consultants on commission and cut their salary while another stay as is?  They are also cutting our cell and petrol allowance but expect us to travel more? What can I do?

Answer:

No changes to terms and conditions of employment can be made without an employees signed consent. Equally there needs to be consistency and they can not behave nepotistically and change some and not others. I would chat with senior management and raise your concerns.

These are unfair labour practices and if wanted you can lay cases AR CCMA & Dept of Labour.

I am a boilermaker at a shop in Wadeville they force us to work on Sundays; Saturdays and sometimes we must work crazy hours to get a job done the management don’t care how you do it they want the job done.We are short of boilermakers and that make it even worse the deadlines they set to finish a job are most of the times are not enough.

My questions to you are:

• Can they force me to work more than 10 hours a week overtime?
• Can they force me to work on Sundays?
• Can they force me to work a full 24 hours on end from say 6 am to 6 am the next morning?
• Can they force me to work night shift?

I dont have a contract with them for any of the above

Answer:

Working hours and overtime are prescribed by law and are circa a maximum of a 45 hr week with 10 hrs overtime. No person can be forced to work more than that. What concerns me is the lack of contract. You need to approach them for a contract and get everything clarified in writing. Again by law they must provide you with a contract of employment.