‘Labour Trials and Tribulations’ Archives
Laws on Restraints are in Favour of the Employee »
Question: I have handed in my resignation as an IT Manager at an event Company, my employer has accepted my resignation and informed me via email that I need to take note of point 3.19 in my employment contract. The clause is a restraint of trade which restricts me from working with/for any company or business similar which is competition to my [...]
Voluntary Retrenchment Packages »
Question: Last year September my previous employers offered voluntary retrenchment packages. In December of last year I opted to take the package. I was then offered a job with the opposition and have now taken up a position in their company. My previous employers are now threatening to take me to court and sue me for the package the paid me. [...]
Foreign Employees Must be in Possession of a Valid »
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 [...]
Overtime per Week »
Question: If an employee works more than 10hours of overtime per week, what are the implications? If i work from 8:00am to 5:00pm, when I should work from 8 - 4:30 pm do I get compensated for the half hour worked? (more...)
Not Legal »
Question: 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? (more...)
Guilty on Being Late »
Question: Maybe I have to start at the beginning because I am not sure whether it’s unfair labour practice or just unfair dismissal. On the 14th November I sent my manager an SMS because his cell phone was off stating that I was sick and could not come to work the next day, and I submitted a sick note stating that I was I was unfit for work [...]
Double Question »
Question: my company changed our pay structure 6months ago and have been saying they will be giving us new contracts all this time, but every time they make a deadline for us getting these contracts they change it, but this is not why I am writing to you, I am writing to you because my managers have warned us that we might not want the new [...]
Finding Alternative Employment »
Question: I have been permanently employed at this company for almost 4 years, of which 2 years (after restructuring) has been by a new company (i.e. just different name, same place and people) and with a new contract. Still permanent employee. I am appointed as Communications Manager and Executive Personal Assistant and my contract clearly [...]
Domestic Workers »
Question: I have had a domestic for about 3-4 months but she was only working for me Monday, Thursday, Friday & Saturday. I didn't register because I was in the process of buying a new property which catered for a "maids quarters." Now when I am about to move and register my domestic, I realise that the person that i organized for my [...]
Missing Stock and Resignation »
Question: The Company that i work for gave a 50% salary without any prior discussion or notification. We either had to accept that or we were asked to leave, so i resigned. In my possession was stock of the company which I returned on my last of work. I waited to get paid from them now 2 weeks down the line after my stock was checked there is [...]
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 [...]
Division Change »
Question: My sister has been employed by the same Company for eleven years. In April her boss called her and informed her that she needs to work for another division meaning that she should swap with the lady working there. She agreed but said they won’t give her the same salary as the lady although she is doing all the work she was doing. [...]
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 [...]
HR Department – Feedback and a New Job »
Question: In December last year, my manager and her manager promised me a salary adjustment to increase my salary; this was to happen in April 2009. In April, I was told to wait until September because they were adjusting other salaries as well and could do them all at once. I was then promised that my job would re-advertise at a new salary in [...]
Employed by the Hour »
Question: I have been employed on an hourly basis every day including weekends for 1 year. Employer has presented me with a contract for permanent employment, reducing my monthly income by such an amount that I cannot make ends meet. Is this legal? (more...)