Posts Tagged ‘labour’
Foreign Recruitment »
Question: I am a Zimbabwean living in South Africa. Last year i was studying on a study permit and during the same time i applied for a job. I went through the recruitment process and was accepted. The company informed me that they were going to take care of my work permit and so i gave them all the required documentation. (at this time my student [...]
Baby On Board »
Question: I have been employed by the company for nearly over four years. My question is i went for maternity, towards my fourth months of maternity i decided to reason for personal reason. my problem is the employer wants me to pay all the money the paid me for four months so they want to take it from my pension fund. the want me to sign the [...]
CCMA Case with Illegal Immigrant »
Question: I wish to know whether the CCMA has jurisdiction to hear the case of an illegal immigrant who is dismissed for misconduct. (more...)
Sole Purpose »
Question: Mr. K is an illegal immigrant from Zimbabwe and was employed at a shoe factory in Durban without the necessary work permit documents. After working for 2 years, Mr. K was charged with misconduct and was unfairly dismissed. Can Mr. K report this unfair dismissal at the CCMA since the Shoe Factory do not belong to any bargaining council [...]
Employee Doing Time »
Question: What do we do from a labour relations point of view if an employee was in jail from 13 to 21 March 2009 and didn't report for duty. @ 11:00 23 March 2009 employee arrives at work for a loan but not to work.I have asked why aren't you reporting for duty he said "I must find my mother and I will start work 30th March 2009". And he must [...]
Salary Discounts »
Question: Please advise if it is possible to request an entire office to vote on a salary reduction of say 20% and work 20% less time? What would happen if one person decides that this does not work for them and they would still like their current salary? If I have been with the firm for 7 years and I am an associate and must be given 3 months [...]
Sweet Insubordination »
Question: Mr. T is employed at a Sugar Factory. He has worked for this company for 10 years when he was dismissed for gross insubordination and insolence. What do you think are the remedies available to the employer in dealing with the above misconducts by Mr. T. (more...)
Employee With Benefits »
Question: My friend CS works for a large green insurance company. He is 52. Been a manager at this company for 28yrs. He interviewed a young lady towards end of Nov last year for a job as a sales rep. Up until 10th December he conducted various interviews etc with and without the involvement of other managers. He went on leave on 11 Dec [...]
To Porn or Not to Porn »
Question: If an employee is charged for misconduct; sending of pornographic material through email to other employees; and is dismissed after hearing due to having been found guilty. The guideline sanction is final written warning but is dismissed, on appeal the decision is upheld due to an investigation which shows that the employee has been [...]
Greener Pastures »
Question: I am a foreigner living in South Africa with my South African husband and our two children. I only have a temporary residence permit and Home Affairs has lost my Permanent Residence application, so I have to start from scratch again. Are we allowed to register a new business in our children's names (they are double citizens) and then I [...]
Unfair Salary Cut »
Question: My company has singled me out for a salary reduction. No other staff have been advised of cuts. At the same time the company has hired new staff at much higher salaries than myself. What are my legal options. NB :No written notice was given to me (more...)
Drunk Boss »
Question: I read some of your writings on Drunkenness in the workplace where employees are involved. However, what can one do if their employer is an alcoholic? Situation is that a letter of appointment, contract or even job description as not been given. there is an opportunity for another job and two weeks notice may need to be given. the [...]
Retrenchment of My Mother-in-law’s Maid »
Question: My mother-in-law passed away on 18/03/09 and I need to work out a fair retrenchment package for the maid. What are the rules and what must I pay her to be fair. I need something in writing for the maid to see please. She may not believe me. Answer: Quite simply retrenchment/severance packages are calculated as one weeks salary per 12 [...]
Domestic Bliss »
Question: My wife and I employed a Zimbabwe foreign national under the assumption that she had a legal work permit. This as she was referred by a colleague from Zimbabwe who works with me, as she assured us that she was. After the first 4 months of constantly requesting this, at the end of every month, so that we could register her, we were duly [...]
Contractor vs Employee »
Question: I have been working for the same company for 9 years now. My employment has always been subject to a pretty standard employment contract, governed by our (Hairdressing Industry)Bargaining council rules and regulations. I am not a hairstylist for the record, I deal with all back-office functions.In January this year, when I got back from [...]