Labour Law

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Posts Tagged ‘Q&A’

Threatening »

Question: I would like to find out about my husband’s rights. He works for a smallish company is Cape Town, which has branches in Johannesburg and Port Elizabeth. He has been there for a year and 3 months now. At the moment, his pay is R4500 a month. Recently, he found out a co-worker who started after him, makes R5500 a month (they have [...]

No Written Contract and No UIF »

Question: My father in law has been working in construction for a good number of years for the same guy though they've never made out a written contract. His employer has also never registered him for UIF. His employer has now not paid him since November and we would like to know what actions could my father in law do to ensure he gets his [...]

Working Public Holidays »

Question: If you working shifts and you get 6 days off for the month according to your contract. Your off day falls on a public holiday are you then entitled to another day? If you are scheduled to work and you get paid are you allowed another day off? what is the labour law for shift employees? (more...)

Bad Faith »

Question: What remedies does the Act afford employers and employees if one or other party either refuses to bargain or bargains in bad faith? (more...)

Smoke Breaks at Work »

Question: What is the legislation on half day working hours and smoke breaks for a half day worker? (more...)

Not Legal »

Question: We had a disciplinary at a registered sports club against a member and the chair and assistant refused that he may be be represented by a fellow member. Is this legal? (more...)

Resort Sold, Monies Claimed »

Question: My wife and I are part of four managers running two resorts. The resorts have been sold as a going concern and with all employee's 3 months ago. None off the managers have been paid for 3 months. Can we as management claim our salaries from the selling parties. We know that the final contract has not been signed. (more...)

Qualifying for Maternity Benefits »

Question: How long should I be working for a company to qualify for maternity leave. I am starting in a new company on the 1st of February and I suspect that I am 1 month pregnant. By the time I deliver my baby I would have worked for 8 months. (more...)

Demotion and Salary Adjustments »

Question: My position has been evaluated and found to be middle management, the evaluation was my employers initiative, then one year later they claim to have made a mistake by including me and 200 + employees in the middle management level, they then went ahead by demoting us back to a lower level with pay adjustments, can this be legal in any [...]

Accrued Leave »

Question: I am serving my notice and am 4 days away from leaving my current company. My employer is notorius for trying to find fault with every staff that leaves the company and end up not paying them a cent for their leave days or the days of notice served. The employer always gets away with it. I am now facing that experience, I am getting [...]

Overtime Payment »

Question: I work for a large industrial company, which have just introduced shift work. They formulated a two shift pattern consisting of the following: Night shift starting on Sunday night at 19H00 and ending at 5H00 the following morning. Overtime paid on exceeding 8 hours – equals 2 hours taking into consideration 1 hour break. The shift [...]

Grievance Against my Boss »

Question: I would like to find out the procedure that I should follow in laying a grievance against my boss. Our company is very small (4ppl working here) and we do not have a HR dept or any kind of dpt that I can forward my enquiries to. The CEO's PA print’s all our salaries via excel and there is no one in a higher position to go to, to [...]

With-held Salary »

Question: Mr. Hardie. I need to know what can I do. I am a Contractor for a Company and been paid as per Contract by a Broker. It happend that the Company's payment to the Broker was late and the Broker withheld my salary for 21 days... well, until the late payments were received. Currently I understand there is another late payment to the Broker [...]

Unfair Salary Preference »

Question: I started working for a company since the 2nd Jan. 2007. When I started workin for them,the company paid me R4000.00, and then after 6 months the company gave me a raise, then I earned R4500.00 per month. After a year, I received another raise, then my salary was R5500.00. Since then I havent received a raised. Last yr in October, the [...]

Letter of Appointment Stating »

Question: I received a letter of appointment stating that my commencement date will be 20th of July which I signed, I received a called from the recruitment agency stating that I should now start on the 3rd Aug. If the company stated that I have a 18 month fixed contract and does not appoint me on the 3rd Aug can I take them to CCMA? (more...)

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