Labour Law

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Posts Tagged ‘Q&A’

Disappearing Salary »

Question: If I am unhappy with a salary reduction/restructuring due to a decrease in department revenue what options do I have? I am not able to survive on the basic being offered and do not think the incentives are obtainable. Thanks. (more...)

Skeletons In The Closet? »

Question: I received a letter posted on my clock card stating that I have been selected to be on short time (Skeleton staff), on this letter the date is wrong, and the Boss himself has not signed this letter. What is the right procedure regarding skeleton staff? (more...)

To Retrench Or Not To Retrench »

Question: I have been working for a company for 7 months. On the 27th of March they informed me that the contract has ended and they will no longer be needing my services. On the 1st of April i received my certificate of service. On the 2nd of April they requested me to return to the site for the new contract. What i would like to know is am i not [...]

Arbitration Award »

Question: I was terminated from work while on unpaid sick leave. I then took my matter to CCMA. The arbitration award was issued in December ordering the reinstatement and compensation price. I then contacted the company about the award. They told me that they are not happy with the award. And they have took the matter forward to Labour Court. [...]

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 [...]

Forced Treatment »

Question: Hi, I started to work for a company in January 2007. In the contract it states that the employee has the option to belong to Discovery Scheme and that the payments to the scheme will be done by the company. I want to cancel Discovery and go to Bonitas, but they won't let me as the contracts for the NEW people now state that it is [...]

Password To Riches »

Question: My sister has been charged with gross negligence to the value of R400000.00. Let me tell you the story: In Dec 08 she went on maternity leave, before going on leave she had requested that her Area Manager supply a PC login to one of the other staff. When the AM did, the password wasn't working. She followed up once again as she now [...]

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...)

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