‘Featured Questions’ Archives
Madam and Eve »
Question: I am domestic worker and l has worked for five years for these people. my problem is my madam is so mean, one the room l stay in has a toilet inside with no door and it’s all in one place like in prison and it’s the two of us working there and l have a son l stay with he is five he is not allowed outside her yard, two she throws her [...]
Foreign Recruitment »
Question: I am a Zimbabwean living in South Africa. Last year i was studying on a study permit and during the same time i applied for a job. I went through the recruitment process and was accepted. The company informed me that they were going to take care of my work permit and so i gave them all the required documentation. (at this time my student [...]
Forced Treatment »
Question: Hi, I started to work for a company in January 2007. In the contract it states that the employee has the option to belong to Discovery Scheme and that the payments to the scheme will be done by the company. I want to cancel Discovery and go to Bonitas, but they won't let me as the contracts for the NEW people now state that it is [...]
Password To Riches »
Question: My sister has been charged with gross negligence to the value of R400000.00. Let me tell you the story: In Dec 08 she went on maternity leave, before going on leave she had requested that her Area Manager supply a PC login to one of the other staff. When the AM did, the password wasn't working. She followed up once again as she now [...]
Sole Purpose »
Question: Mr. K is an illegal immigrant from Zimbabwe and was employed at a shoe factory in Durban without the necessary work permit documents. After working for 2 years, Mr. K was charged with misconduct and was unfairly dismissed. Can Mr. K report this unfair dismissal at the CCMA since the Shoe Factory do not belong to any bargaining council [...]
Salary Discounts »
Question: Please advise if it is possible to request an entire office to vote on a salary reduction of say 20% and work 20% less time? What would happen if one person decides that this does not work for them and they would still like their current salary? If I have been with the firm for 7 years and I am an associate and must be given 3 months [...]
Sweet Insubordination »
Question: Mr. T is employed at a Sugar Factory. He has worked for this company for 10 years when he was dismissed for gross insubordination and insolence. What do you think are the remedies available to the employer in dealing with the above misconducts by Mr. T. (more...)
Employee With Benefits »
Question: My friend CS works for a large green insurance company. He is 52. Been a manager at this company for 28yrs. He interviewed a young lady towards end of Nov last year for a job as a sales rep. Up until 10th December he conducted various interviews etc with and without the involvement of other managers. He went on leave on 11 Dec [...]
To Porn or Not to Porn »
Question: If an employee is charged for misconduct; sending of pornographic material through email to other employees; and is dismissed after hearing due to having been found guilty. The guideline sanction is final written warning but is dismissed, on appeal the decision is upheld due to an investigation which shows that the employee has been [...]
Unfair Retrenchment »
Question: I was employed at Anglo Platinum Rustenburg since 3 March 2008, to do a Sec28/MQA electrician course to be acceptable for them, since they don't accept Olifants fnt Certificate's. I was retrenched Dec 2008, but on my termination form it said "resigned"? I couldn't claim UIF and are still unemployed because no other company accept their [...]
Greener Pastures »
Question: I am a foreigner living in South Africa with my South African husband and our two children. I only have a temporary residence permit and Home Affairs has lost my Permanent Residence application, so I have to start from scratch again. Are we allowed to register a new business in our children's names (they are double citizens) and then I [...]
Unfair Salary Cut »
Question: My company has singled me out for a salary reduction. No other staff have been advised of cuts. At the same time the company has hired new staff at much higher salaries than myself. What are my legal options. NB :No written notice was given to me (more...)
Drunk Boss »
Question: I read some of your writings on Drunkenness in the workplace where employees are involved. However, what can one do if their employer is an alcoholic? Situation is that a letter of appointment, contract or even job description as not been given. there is an opportunity for another job and two weeks notice may need to be given. the [...]
Retrenchment of My Mother-in-law’s Maid »
Question: My mother-in-law passed away on 18/03/09 and I need to work out a fair retrenchment package for the maid. What are the rules and what must I pay her to be fair. I need something in writing for the maid to see please. She may not believe me. Answer: Quite simply retrenchment/severance packages are calculated as one weeks salary per 12 [...]
Domestic Bliss »
Question: My wife and I employed a Zimbabwe foreign national under the assumption that she had a legal work permit. This as she was referred by a colleague from Zimbabwe who works with me, as she assured us that she was. After the first 4 months of constantly requesting this, at the end of every month, so that we could register her, we were duly [...]