Labour Law

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Posts Tagged ‘employment’

Termination »

Question: I've been offered a fixed term contract for 6 months on a construction project. The following paragraphs are included in my new contract under "Termination". 2. Paragraphs 1 and 2 are OK, but I am confused by paragraph 3. According to the manager, this is to protect the company if the client should terminate the project. I find this [...]

Unfair Labour Practice »

Question: Is it within the law to let employees apply for their jobs when a new structure is introduced in a single department when the company is not in a process of retrenchments. What happens to those who are not successful in the interviews for the new positions? There are no retrenchments in the entire company and no reason was given as to [...]

Working Hours Half Day »

Question: my wife started working as a receptionist at a doctors room as a halfday worker. I would like to know what hours she is suppose to work per week/month. she is currently working from 8:00 till 13:30 (5,5 hours) a day. She must now also work every second saturday from 8:00 to 12:00. She does not receive any extra or overtime payment. I am [...]

Half Day / Half Salary – is it legal? »

Question: Due to the current economic situation - my company needs to ask 3 employees to change their hours to half day. They have been identified as people who aren't busy all the time and the company is able to continue it's work with less hours from these people. What are the legal implications of this? One of the employees is pregnant and [...]

UIF Claim »

Question: I have worked for my previous company four years. I was then offered a job at another company which I had accepted. This company had informed me that we would be permanent after a year, but t he business did not do well and my contract has unfortunately come to an end. Can I claim for UIF from my previous company that I have worked [...]

Working Hours »

Question: I am employed at a retail store in KwaZulu-Natal in the capacity of confectionary manager. I have been so employed since January 2009. Due to the nature of the bakery department, we work alternating weekly shifts ie: 6 am to 4 pm and 8 am to 6 pm. The issue at hand is that a collegue (also a confectionary manager) has been dismissed [...]

Workplace Dispute »

Question: I was recently informed by a collegue at work that 'as a friend he wanted to tell me that I should be quaking in my boots because of what my boss is threatening'. This is now the 2nd time that I have heard threats of 'not producing' hints at dismissal etc when in fact it is completely unfounded and grossly unfair. About a year ago, I [...]

Restraint of Trade »

Question: Can the restraint of trade force me not to work for any company in South-Africa that does the same products even though I does not engage with the other company's clients or let out trade secrets. (more...)

Was Forced To Resign »

Question: About a month ago I decided to go up and speak to my boss. While talking to him he became very upset and swore at me. It wasn't the first time but was the worst and could not tolerate this anymore. On many other occasions I let it pass but this time I could not. I gave him a letter of resignation stating why and thereafter even wrote a [...]

Wages or Commission »

Question: Due to the change in the economy, my partner and I have opted to change the salary structure of our salesmen from a basic only to a lower basic plus commission concept and we have written up a new letter of employment as well. This has not been received with open arms by our salespersons. This process was how ever started in September [...]

All Work and No Play »

Question: I started at this company only 2 months ago headed for my 3rd month now. I work from 08h00 - 17h30 every day with an hour lunch, there are times when I finish at 18h00. I do not receive any overtime, but do receive commission. I work every second Saturday from 08h00 to 13h00. Also no overtime only commission for deals done. Public [...]

No Work, No Play »

Question: My company has recently retrenched 30% of its staff, leaving me with double work at the same salary. My boss has now announced that there will be no annual salary increases in terms of the law surrounding retrenchments. Is this correct? Is it illegal to pay salary increases to the people left behind after retrenchment? (more...)

Biting the Hand that Feeds You »

Question: I have domestic worker that steal clothes food, live in work 3days a week she had a disciplinary in march 06 after that still steal given written warning had to write down everything i buy because she say she doesn’t steal gave a final written warning still stealing, I have dismissed her with full payment. Can she take me to the CCMA? [...]

Justice in Termination »

Question: I was employed by the department of justice for period of 10months as contract employee. without any reason given to me my contract was terminated. What do I do? (more...)

Too Many Jobs? »

Question: I am working as a clerk but I am also relieving the receptionist in the morning and in the afternoon. So this week she was off since Monday and she will be returning next week Monday. Today I arrived 15minutes late because of transport so my boss was sent an email by our manager that, he must advice me on the matter because I’ll get a [...]

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