Labour Law

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Posts Tagged ‘labor’

Signed Acknowledgement of Debt »

Question: Can an employee be held liable for the courier costs if a parcel is despatched to the incorrect address? (more...)

Forced to Sign Restrait of Trade »

Question: Im an account executive for a freight company who have requested me to sign a restraint of trade, am I as an employee of a company forced to sign? (more...)

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...)

Unpaid Leave Advice »

Question: Good afternoon Craig I really hope you have a simply answer for me. During the month of June I took the afternoon of Friday, 19 June and Saturday morning, 20 June unpaid leave - this amounts to 10.5 hours. Instead of showing it as a deduction my employer deducts it from my basic salary, minimizing my salary amount, not showing the unpaid [...]

Leave Allocation »

Question: I would like to ask four questions: 1. How many days leave should one be getting 2. If the company I work for closes down over December, can they ask us to put in leave for that period as well. 3. If we have to go to the dentist or doctor or anywhere, for even an hour, we have to use our leave for that i.e. putting in an hour or 2 hours [...]

Investigation of Misconduct »

Question: I got an email from HR Dept that threatens disciplinary action against me if I do not take part in an "investigation" on our department.No explanation was given on who is being investigated and for what misconduct.The 3rd request was put in wrting and its contents stated miscommunicated issues which our manager cleared to the MD through [...]

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 [...]

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