‘Featured Questions’ Archives
UIF – Unemployment Insurance Fund »
Question: If you have been dismissed after a hearing, do you have to go through the CCMA to cliam your UIF or do you go straight through to UIF department? (more...)
Get the Job Title and Package »
Question: My job title is Customer Relations Consultant, but the job that I do is that of Customer Relations Manager(CRM). I am classified as such by BMW and my performance is monitored and rated as Customer Relations Manger by BMW. If something goes wrong in my department I am held responsible as CRM. CRM is a required position in all BMW [...]
Entitled to Bonuses »
Question: A lot of my work is incentive-based, which I didn't know when i signed my employment contract. This is not included in my employment contract. I now do the work, but do not receive any portion of the incentive bonuses. These are divided amongst top management and the sales staff, but I am doing two-thirds of the work. Am I entitled [...]
Time Limit for Claiming Overtime »
Question: Is there a time limit for claiming overtime? I have worked many hours overtime in the past 6 months, but haven't put in a claim form yet. What do I do if my employer refuses to pay? (more...)
Retrenchment Advice – CCMA »
Question: The company my wife works for announced on 31 July 2009 that they were changing the structure of the company. Yesterday morning (6 August 2009) the entire company was called for a meeting informing them that according to law they were starting with retrenchment process. 3 hours later she was informed (6 August 2009) via e-mail the [...]
Conditions of Service »
Question: My project manager threatened to "take it to a higher level" if I refused to work over the weekend. The conditions of service specifically state that overtime is strictly optional at my place of employ. Is there anything in the law which protects me from this type of bullying and threats? (more...)
Disabled Employment Rights »
Question: I am a disabled person who has 15 years work experience. My company is relocating my department to Gauteng and I am unable to move as the weather does not suit me and the company will not offer me any adjustments to my salary. I have been told by the company that I may be offered a package which does not suit me. Can I do anything to [...]
Abusing Company Property, Salary Deductions »
Question: Last month I abused my offfice's landline and I told my manager that I'll pay for the amount I used, I also gave my manager the wrong account number by accident to pay one of the employees and now it went to the wrong account. He said I also have to pay that amount, I earn a salry of R2500.00 per month and asked I him to please deuct [...]
Foreign Employees »
Question: A friend of mine has employed an american passport holder here in RSA on a holiday Visa, who is married to a RSA citizen. The women in question is not registered for tax, is working illegally, taking a job away from a South Africa. my friend thinks that as the employer she has not done anything wrong. Has she? What are the [...]
Domestic Worker »
Question: My domestic worker resigned on the 15th July verbally and advised that she would be leaving on the 31st July. I asked her to reconsider her decision and she advised me that she wanted to go back to Transkei. she is now wanting severance pay. Is she entitled even though she resigned? (more...)
Garnisheed Salary »
Question: I have an employee that is about to be affected by a retrenchment programme. He has several garnishee orders that we have administered and with the retrenchment, he will be due a package of a substantial amount. What is my duty relative to these orders - am I to notify the concerned of a possible package for claiming or is that not my [...]
Enforcing a Restrait of Trade »
Question: I worked for a recruitment company for 16 months and decided to resign due to the company making my working conditions unbearable. I was consultant of the branch for 4 consecutive quarters and the year however being a single mom was having problems financially. My MD called my family members to confirm that my expenses are what I said [...]
Company Loans »
Question: My fiend has been employed at a recruitment company for 5 months. She had to sign a contract stating, amongst other things, that she would have to pay back training fees if she leaves within the first year. This included airfare, accomodation and her salary for the amount of days she was in training. This comes to quite a hefty [...]
Short Time to Avoid Retrenchment »
Question: If a company starts short time to avoid retrenchment does this option have to be offered to all employees? Do es voluntary retrenchment also have to be offered to all employees? (more...)
Miscarriage – Sick Leave or Time Off Work? »
Question: If you have a miscarriage does thi time off work come from sick leave or from something else? My daughter had a miscarriage and this time off work used up all her sick leave. Answer: Thank you for your query. My condolences for your daughters loss. Just remember to find solace in the fact that the good Lord needed another special [...]