Labour Law

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Posts Tagged ‘Q&A’

Half Day / Half Salary – is it legal? »

Question: Due to the current economic situation - my company needs to ask 3 employees to change their hours to half day. They have been identified as people who aren't busy all the time and the company is able to continue it's work with less hours from these people. What are the legal implications of this? One of the employees is pregnant and [...]

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 [...]

Concept on Salary Cut to all Employees »

Please kindly assist me with the information. My company has appointed employees that were on Fixed Term Contract ( Total cost to company) on the same salary on permanent basis (with benefits). Other employees within the same component are addressing the salary disparity or rather deferred implementation on salary given to these employees, meaning [...]

Labour law advice »

Question: On 12 May 2009 at 20:00 my employer phoned me and fired me on grounds that I Lied about looking for other employment. On the 19 May 2009 I filed for Unfair dismissal against my previous employer with the CCMA. (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 [...]

Too Many Jobs? »

Question: I am working as a clerk but I am also relieving the receptionist in the morning and in the afternoon. So this week she was off since Monday and she will be returning next week Monday. Today I arrived 15minutes late because of transport so my boss was sent an email by our manager that, he must advice me on the matter because I’ll get a [...]

Resign or be Fired »

Question: I have a query about my dismissal. I started a new job in Nov 2008. The employer told me it is a self learning job (which means no training at all.) I was contracted out to company x, and at the end of Feb 2009, I was invited for a lunch by my employer, and he wanted a chat. I went, and he said he isn't very happy, because the company to [...]

Unjust Decrease in Salary »

Question: I just want to know. My husband’s company decided to decrease everyone’s salary with R6000 because of the bad economy. What does the law say about that? Is it legal? (more...)

Pension Woes »

Question: I have resigned from my current company. When I inquired about my pension they said I can only receive my portion for the 3 years that and not theirs in order for me to recieve their portion I have to have worked here for more than 8 years. Is this correct? (more...)

Never Ending Retrenchment »

Question: In my retrenchment letter it talks about one additional months pay for May (which is my notice period) to be paid. What i would like to know if it's compulsory for me to work that month and if i don't, do i still receive this money. (more...)

Problems at the Highest Level »

Question: I worked for an organisation, as General Manager, that has severe financial difficulties. After a lot of unpleasantness I resigned on 23rd Feb 2009 giving 3 months notice as per my contract of employment. My resignation was accepted in writing. I was told that there was no need to report to work during my notice. (more...)

UIF and such-like »

Question: I feel I am about to be fired long story, have consulted a labour lawyer and was told not to bother as the stress and the money will not be worth it as I will probably lose anyway. My question is as follows, if I get fired in June 2009, can I claim UIF benefits? THEN, My baby is due November, will I be able to then claim Maternity [...]

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