Posts Tagged ‘Q&A’
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...)
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 [...]
Half Day – No Way »
Question: I work for a company which, due to the economic climate, needs to put me on half day from the 1st of May 2009. I am working from 8am until 16h00 for 5 days with 1 hour lunch. I want to know what my hours of work should be now that I will start working half day? (more...)
Unfair Retrenchment »
Question: I was employed at Anglo Platinum Rustenburg since 3 March 2008, to do a Sec28/MQA electrician course to be acceptable for them, since they don't accept Olifants fnt Certificate's. I was retrenched Dec 2008, but on my termination form it said "resigned"? I couldn't claim UIF and are still unemployed because no other company accept their [...]
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 [...]
Payroll Problem »
Question: We are having a problem with my husband's employer: 1. He still owes him money from February 2009 salary. 2. Today is 3 April 2009, and he still did not receive his March salary. 3. He never paid our garnish order for our administration. We have spoken to the Department of Labour but because there is so many complaints against him [...]
Disappearing Laptops »
Question: I am a desktop Engineer tasked with the duty of Asset Management. The Assets I manage are (laptops and Computers). Now the problem is, last year December I went on leave and came back late Jan. When I came back three were 9 notebooks missing and 2 Desktops missing. When I left the assets were balancing and not even one was missing. The [...]
Salary Reductions – It’s Non Sense! »
Question: Our Executive Director of our company announced salary reductions a week before payday, due to economical difficulties. I know he may do this, but what are the time frames involved. To tell you a week before payday I feel is not fair, if he told us a month in advance we could still make arrangements for financial commitments. I am also a [...]