Labour Law

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Posts Tagged ‘labor’

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 [...]

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 [...]

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 [...]

Warnings »

Question: I want to know what the correct procedure would be for warnings issued to contract workers like myself.There is no written contract and no job description.I have been issued a final warning with no prior warnings against me. The mistake was made by one of my riggers which connected a lead in the wrong place onto a radio. Thus me being [...]

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...)

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...)

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