Labour Law

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Posts Tagged ‘ccma’

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...)

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 [...]

Half Day – No Way »

Question: I work for a company which, due to the economic climate, needs to put me on half day from the 1st of May 2009. I am working from 8am until 16h00 for 5 days with 1 hour lunch. I want to know what my hours of work should be now that I will start working half day? (more...)

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 [...]

Unilateral Changes to Terms and Conditions of »

A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure or a reduction in the amount of commission paid, the removal of [...]

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 [...]

Disappearing Laptops »

Question: I am a desktop Engineer tasked with the duty of Asset Management. The Assets I manage are (laptops and Computers). Now the problem is, last year December I went on leave and came back late Jan. When I came back three were 9 notebooks missing and 2 Desktops missing. When I left the assets were balancing and not even one was missing. The [...]

Forced to Resign »

Question: I was forced to resign over an issue that was beyond my control and should of got a warning for. I was called in and given an ultimatum(sic) of either resign and retain my salary for end march (which I need because my wife isn't working due to illness) or the company will have a hearing where I will be dismissed. I don't feel that this [...]

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