Labour Law

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Posts Tagged ‘law’

Reversed Apartheid »

Question: I do have an employee working with me and everyday she makes remarks ,like "a white man will never rule this country again" or she will say some bad about a white man, she saying it in a joke way but i believe there is more to it and she does it in front of other staff. I did speak to her regarding her remarks to stop it, because it can [...]

Woe Be The Union »

Question: I have received a letter that is addressed to me and the union that is representing employees at work. The reason why this letter was addressed to the Union and me is that I am a Shopsteward Elected by the employees in department. The letter is Titled PENDING DISCIPLINARY INVESTIGATION OF NKOSANA TSWARE. These are some of the contents [...]

‘Legal’ Non Payment »

Question: First thanks a stack for this. I have been employed by an attorney for the last six months, he promised a salary "as soon as money came" well money never came. He paid me R250 a week for the past few months. He had read my CV and seen my last salary slip (R8000) so he knew my position, last week he fired me, without warning. I have [...]

If the Shirt Fits… »

Question: On Friday 17.04.09 , a disturbing incident occurred a staff member came to work with a ANC/ Jacob Zuma T-shirt on . One of the Directors of the company ( Director A) asked another Staff member to tell the man to take off the t-shirt. This resulted in another Director(Director B) having an argument with Director A regarding Freedom of [...]

They Talk the Talk but Don’t Walk the Walk »

Question: I've been employed as a bookkeeper for 3 companies and am now doing 5 companies' books as well as debtors, creditors, wages and whatever they can give me. I have worked a lot of overtime which i did not get paid for, but expected to work. I've been given a probationary contract to sign and was told that after 3 months we'd discuss [...]

Madam and Eve »

Question: I am domestic worker and l has worked for five years for these people. my problem is my madam is so mean, one the room l stay in has a toilet inside with no door and it’s all in one place like in prison and it’s the two of us working there and l have a son l stay with he is five he is not allowed outside her yard, two she throws her [...]

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 [...]

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