‘Featured Questions’ Archives
Deductions Error »
Question: Can an employer make deductions on an error that they made 5 months ago without my permission? (more...)
Deduct Two Weeks Notice »
Question: I just want to find out, I resigned at my previous company due to the fact that I was treated unfairly and in my resignation letter I stated that my notice period will be a calendar month. After I resigned, I was treated like a criminal, as if i have done something wrong to the company, after 2 weeks (within my notice period) i was [...]
Separation Agreement »
Question: A friend of mine signed a Separation Agreement with his company who wanted to retrench him after only 3 months in the job as at least he managed to secure 2 months salary with the monies to be paid into his a/c the day after the agreement was signed, which also terminated the employment with immediate effect. The company never paid in [...]
Warning Letter »
Question: I have been issued a warning letter regarding my restraint of trade. Restraint is medical recruitment 12 months and the whole of South Africa. I have not been in contact with any of their Clients except their Candidates. Candidates to me do not belong to a Company and have freedom to be recruited within any recruitment agency. I [...]
Formal Complaint Department of Labour »
Question: I am currently working for a Broker. He has employed me in Feb 2009. He always has a problem when it comes to paying my salary. We have agreed to R 6000.00 per month and 10% commission on every client I give him and he successfully writes up. He needs to pay me R 13000.00 this month and refuses to pay me because he has not enough [...]
CCMA Referal Period »
Question: I have been unfairly dismissed by my previous employer but I never took it up with the CCMA because my previous employer would have stopped supplying my current employer as they are one of their suppliers and I know this is what they do. Anyway - its a year later now and I guess its too late ? What I want to know is - will it be very [...]
Employee Work Overtime »
Answer: Kindly advise on the following : If an employee has worked overtime, say for eg. a day, during the month but has also been absent from work, for a day, during the month, is he still entitled to overtime? (more...)
Gain Experience With Increased Workload »
Question: I have been at my present company for over 4 years, this year we were placed on short time for a few months and given no increases. The company is in a better financial position now and we are no longer all on short time. Due to various issues we are now short staffed and the boss has called 3 of us in and asked us to do more work [...]
Call Center Hearing and Suspension »
Question: I am currently employed in a call centre environment as an administrative consultant in the insurance industry. I have recently for the first time encountered a labour dispute and I urgently require advice. On the 15th of September 2009 i received a "FINAL WRITTEN WARNING", which alleged that i was "abandoning incoming telephone [...]
Hairdressing Restraint of Trade »
Question: Is there a legal limit (for both time and distance) for restraint of trade in the hairdressing industry? (more...)
One Months Notice – Resignation »
Question: I started with a company on the 1st of July 2009 on the 30 August 2009 I tendered my resignation given them one months’ notice ,On the 3rd Sept i was ask to leave immediately , My question is as follows . re the company supposed to pay me for a full month ,or just for the three days that I did work during my notice period [...]
Restraint of Trade in Competition »
Question: Can a restraint of trade be enforced if I choose to start my own business in competition to my current employer and due to my knowledge, (that no one else at my current employer has) clients choose to follow me, because of a lack of knowledge within my current employer? (more...)
Conflict of Notice Periods »
Question: I went permanent on 1 July this year and in my contract it states that within the first 3 months the company can give me one weeks notice but i have to give them 2 months notice. I am not happy at this company and have found alternate employment can they force me to give 2 months notice or can i give the normal 1 months notice? [...]
Labour Rights and Laws »
Question I just wanted to know as an employee, when is it my right to know what I am earning for the month as I earn a Basic plus commission and we get paid one month in arrears on our commission, so I just wanted to know when can I request an amount that I will be earning for the end of the month, for example the sales I made in August are [...]
My Boss Asked Me To Resign »
Question: My boss has asked me to resign. The only reason he gave me was that I am in the wrong work environment as I am an entrepreneur. I am currently holding the position of office manager for a boutique investment company. When I told him that I did not want to resign as I love my job, working for him and the other two directors and that I [...]