Labour Law

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Posts Tagged ‘employment’

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 [...]

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 [...]

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...)

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...)

Food Expenses and Unfair Wages »

Question: Our company requires that we work away from home and provide accommodation but expect us to pay for our food expenses, is that fair? Also we don't have contracts and are afraid to ask in fear of loosing our jobs, some of us have families and cannot afford that. We also get paid very little, R60 per day for some from 7am till 4pm, is [...]

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...)

Qualifying for Maternity Benefits »

Question: How long should I be working for a company to qualify for maternity leave. I am starting in a new company on the 1st of February and I suspect that I am 1 month pregnant. By the time I deliver my baby I would have worked for 8 months. (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 [...]

Demotion and Salary Adjustments »

Question: My position has been evaluated and found to be middle management, the evaluation was my employers initiative, then one year later they claim to have made a mistake by including me and 200 + employees in the middle management level, they then went ahead by demoting us back to a lower level with pay adjustments, can this be legal in any [...]

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 [...]

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