Labour Law

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Posts Tagged ‘advice’

Operational Requirements »

Question: I have been working shifts for the past 7 years, and I have been receiving my shift allowance. The company I'm working for now informed me that I would be working normal hours (operational requirement), which will mean that I will forfeit my allowance. My argument is that i have been receiving this allowance for so many years. When [...]

Threatening »

Question: I would like to find out about my husband’s rights. He works for a smallish company is Cape Town, which has branches in Johannesburg and Port Elizabeth. He has been there for a year and 3 months now. At the moment, his pay is R4500 a month. Recently, he found out a co-worker who started after him, makes R5500 a month (they have [...]

No Written Contract and No UIF »

Question: My father in law has been working in construction for a good number of years for the same guy though they've never made out a written contract. His employer has also never registered him for UIF. His employer has now not paid him since November and we would like to know what actions could my father in law do to ensure he gets his [...]

Maids Retrenchment »

Question: I have a part time maid who currently works 2 days a week. She has been with me 8/9 years. Recently her attitude and demeanour has changed. She sulks. I wish to get rid of her. Can I or do I have to pay her out a retrenchment deal. I have no contract with her. (more...)

Unfair Salary Cut by Employer »

Question: I took over a business in 2006, one employee, "Kate", was paid R3000 by the previous employer, but when I took over we had a verbal agreement that I could not afford her on that salary so we agreed on R2500. Business has been slow and I can't give a salary increase. Now she wants to take me to the CCMA, because I cut her salary. What [...]

No Notice of Dismissal »

Question: I saw an e-mail in the receptions outbox in which it stated that the person conducting that service (me) no longer works for the company. I haven't received notice of dismissal, or given notice. What are my rights regarding this matter? (more...)

Working Public Holidays »

Question: If you working shifts and you get 6 days off for the month according to your contract. Your off day falls on a public holiday are you then entitled to another day? If you are scheduled to work and you get paid are you allowed another day off? what is the labour law for shift employees? (more...)

Bad Faith »

Question: What remedies does the Act afford employers and employees if one or other party either refuses to bargain or bargains in bad faith? (more...)

Smoke Breaks at Work »

Question: What is the legislation on half day working hours and smoke breaks for a half day worker? (more...)

Unfair Labour Practise on Salary »

Question: 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 [...]

Bargaining in Bad Faith »

Question: What remedies does the Act afford employers and employees if one or other party either refuses to bargain or bargains in bad faith? (more...)

Increase in Working Hours and Duties »

Question: My employer is increasing my working hours and duties. They are not increasing the working hours or duties of any other employee only mine. Can i insist on an increase and if they refuse an increase can i refuse working more hours and taking on more duties. My duties are not stated in my contract it was agreed upon verbally. I have [...]

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 [...]

Resort Sold, Monies Claimed »

Question: My wife and I are part of four managers running two resorts. The resorts have been sold as a going concern and with all employee's 3 months ago. None off the managers have been paid for 3 months. Can we as management claim our salaries from the selling parties. We know that the final contract has not been signed. (more...)

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