Labour Law

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Posts Tagged ‘employment’

Ridiculous Working Conditions »

Question: 1. We are a construction company that work and stay on site we only go home 1 weekend a months is that ok? 2. My team get R100 per week for food and then they take the money of there salaries again? 3. The guys sleep on the floor without any mattresses that company don't supply any sleeping facility for my team? Please advice me if this [...]

Entitled to be Appointed »

Question: Is an employee who has acted in a position above his grade for a lengthy period automatically entitled to be appointed to that position when the company decides to fill it permanently? If not, under what circumstances might failure to appoint him constitute an unfair labour practice? (more...)

Unilateral Changes in the Terms and Conditions of »

Question: Your company can no longer afford to pay car allowances to its junior managerial employees, and wishes to withdraw them. Could this constitute an unfair labour practice? (more...)

Company Warnings »

Question: A company wants to issue a warning for not reaching target but wants to add in two other incidents that happened two weeks ago.how long after a incident can you issue a warning? And can you combine other incidents. (more...)

Remedy Under the LRA »

Question: An employee is told that he is to be transferred from Johannesburg to Pofadder next month. He feels this is unfair. Does he have any remedy under the LRA? (more...)

Constitution – Companies Acts »

Question: How would the provisions of the Constitution impact upon, for example, an interpretation of the provisions of the Act limiting the right to strike and compelling an employer to disclose information in the collective bargaining context? (more...)

Employment Act »

Question: What remedies does the Act afford employers and employees if one or other party either refuses to bargain or bargains in bad faith? On what basis can an employer refuse to disclose information to a union during the course of collective bargaining and when, if ever, could an employer nevertheless be compelled to disclose such information [...]

Company Gone Bankrupt »

Question: What are my rights if I do not get paid my salary because there is not enough money in the company account? (more...)

Restraint of Trade »

Question: Can a restraint of trade be enforced during a retrenchment? (more...)

Unfair Labour Practice »

Question: How can employee stand up for their rights in a case whereby Management / the manager is not fair based on the following points: 1. Some staff members will be released of duty at 13:00 where as their knock off time is 16:00 and the remaining staff 90 % of the time being non white staff will be let of @ 15 : 00 but the people that [...]

Employee Discrimination »

Question: Is it discrimination when an employee gives urine screens to a certin rank of employees? (more...)

Over Time »

Question: Is overtime calculated on a daily basis. We have a shop open 12 hrs a day and 9 hrs on sat. can the 45 hrs a week be divided into shifts of different length so no overtime is due. Yet having the staff availible when necessary. (more...)

Severance Pay… »

Question: I worked for company A for 20 years, company B acquired company A and I have worked for them the last 6 years. Now I have 26 years employment and am facing a lay off. The severance package for company B is one week’s salary for every year worked. Shouldn’t I expect to get 26 weeks of severance from company B even if I have to sue to [...]

Non Payment of Salary »

Question: My daughter works for a bookkeeping company in Rustenburg and due to the economic crunch has not been paid since the end of March. This is now the third month that she has not received her salary. She was told via an SMS to either stay at home or resign at te beginning of April, was then asked to go back to work and promised payment of [...]

Racism in the Workplace »

Question: I'm a white woman with a black male boss. Everytime I try to organize promotions at work or something to generate business in our office he has some sort of problem and tries his best to put a pole in the works. He always has a problem with me and my collegues both black and white have also started picking this up and were the first to [...]

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