Search found 413 matches

by IRgunther
14 Oct 2017, 15:50
Forum: Assistance for Employers/ Companies
Topic: Double jeopardy
Replies: 1
Views: 562

Re: Double jeopardy

The article below will assist: André Claassen What is double jeopardy? Much has been written on this subject, which still seems to contain grey areas or misunderstood conceptions in the minds of employers. Double jeopardy or double punishment applies in instances where a particular sanction has been...
by IRgunther
14 Oct 2017, 15:43
Forum: Assistance for Employers/ Companies
Topic: Deductions after resignation.
Replies: 1
Views: 166

Re: Deductions after resignation.

Good day

The employer may not deduct without your consent and even if consented to, the amount deducted may not exceed 25% of the total amount paid out. Approach the Department of Labour to intervene.
by IRgunther
14 Oct 2017, 15:35
Forum: Assistance for Employers/ Companies
Topic: Family Responsibility Leave
Replies: 1
Views: 119

Re: Family Responsibility Leave

The BCEA does not make reference to a "spouse" or "partner" but provides that family responsibility may be taken "when the employee's child is born". In my view, she is entitled to such leave.
by IRgunther
14 Oct 2017, 15:30
Forum: Assistance for Employers/ Companies
Topic: ANNUAL BONUSES
Replies: 1
Views: 190

Re: ANNUAL BONUSES

Hi

"The Question is, is it right that the company declare the payment of annual bonuses, but managers use criteria when they give employees bonuses as they said it's Management discretion?" Whether it's right or not is debatable but it is certainly not unlawful. They may do so.
by IRgunther
14 Oct 2017, 15:28
Forum: Assistance for Employers/ Companies
Topic: Independent Contractors: Terms of payment
Replies: 1
Views: 143

Re: Independent Contractors: Terms of payment

Hi Only an employee receives a "salary", not an independent contractor. Normally a contractor invoices the company for work done and the payment terms are set out in a service agreement of sorts (not an employment contract). The LRA protects employees only. Independent contractors must institute a c...
by IRgunther
14 Oct 2017, 15:21
Forum: Assistance for Employers/ Companies
Topic: Sick leave
Replies: 1
Views: 145

Re: Sick leave

Good day

If the employee wants to be paid for the 4 hours, then yes, a medical certificate is required.

"What is the minimum amount of hours spent at work to constitute a days work ?" The employment contract must provide the ordinary working hours.
by IRgunther
14 Oct 2017, 15:18
Forum: Assistance for Employers/ Companies
Topic: unfair treatment at work
Replies: 1
Views: 177

Re: unfair treatment at work

Hi

If you're working in a sector regulated by a bargaining council, then the council's collective agreement will assist you in terms of job class and categorisation. Absent a bargaining council, you are bound by the terms in the employment contract that you signed.
by IRgunther
05 Oct 2017, 18:39
Forum: Assistance for Employers/ Companies
Topic: Termination of employment
Replies: 1
Views: 263

Re: Termination of employment

It's advisable that you keep record of the infringements and the disciplinary actions taken. If you have not yet disciplined her, issue her with a written warning at the next infraction. If she repeats the infraction, a final written warning and if the misconduct persists, call her to a disciplinary...
by IRgunther
05 Oct 2017, 18:35
Forum: Assistance for Employers/ Companies
Topic: dismissal sanction
Replies: 1
Views: 154

Re: dismissal sanction

Hi "please advise ,should a dismissal sanction be given by a chairperson of the hearing only or can it be given by a HR rep?" HR rep may convey the sanction imposed or recommended by the Chair. No to your second question. The mere non-suspension of an employee will not suffice in proving that the tr...
by IRgunther
05 Oct 2017, 18:30
Forum: Assistance for Employers/ Companies
Topic: Contract Type
Replies: 1
Views: 148

Re: Contract Type

Impossible to advise without having had a look at the contracts, sorry. You may email them to me at ghwirconsult@gmail.com.
by IRgunther
05 Oct 2017, 18:26
Forum: Assistance for Employers/ Companies
Topic: INVESTIGATION 1
Replies: 1
Views: 119

Re: INVESTIGATION 1

Hi Peet

Already answered.

Good luck! If you need help with the charges or hearing, contact Jan du Toit.
by IRgunther
05 Oct 2017, 18:24
Forum: Assistance for Employers/ Companies
Topic: termination of employment contract
Replies: 1
Views: 116

Re: termination of employment contract

No. The reason must still be justifiable in terms of the LRA (dismissal for misconduct, operational requirements, medical incapacity etc).
by IRgunther
05 Oct 2017, 18:22
Forum: Assistance for Employers/ Companies
Topic: Notice of Dismissal
Replies: 1
Views: 116

Re: Notice of Dismissal

Either way is acceptable. Not regulated in legislation.
by IRgunther
05 Oct 2017, 18:21
Forum: Assistance for Employers/ Companies
Topic: Dismissal notice delivery
Replies: 1
Views: 68

Re: Dismissal notice delivery

Does not matter.
by IRgunther
05 Oct 2017, 18:20
Forum: Assistance for Employers/ Companies
Topic: First warning final written one!
Replies: 1
Views: 130

Re: First warning final written one!

Yes, the seriousness of an offence or misconduct may justify a final written warning even if it's a first offence. What's important is that the employee is afforded an opportunity to state his/her case albeit informally and not in a disciplinary hearing.
by IRgunther
05 Oct 2017, 18:18
Forum: Assistance for Employers/ Companies
Topic: Payout on Desertion
Replies: 1
Views: 92

Re: Payout on Desertion

You must pay the employee for days worked and deduct the loan amount IF the employee consented thereto and the amount does not exceed 25% of the total monies paid.
by IRgunther
05 Oct 2017, 18:16
Forum: Assistance for Employers/ Companies
Topic: Is it an unfair labour practice
Replies: 1
Views: 184

Re: Is it an unfair labour practice

Good day I don't understand the question but for what it's worth, the BCEA provides that the employer must pay one week for every completed year's service + the notice period (if it's required that the employee leave early) + statutory monies (outstanding remuneration and accumulated leave). I hope ...
by IRgunther
04 Oct 2017, 17:12
Forum: Assistance for Employers/ Companies
Topic: Validity of warnings
Replies: 1
Views: 155

Re: Validity of warnings

There is no legislation regulating the validity period of a warning. But just because a warning has lapsed dies not mean you cannot still take it into account when determining an appropriate sanction. See below article at http://www.labourguide.co.za/discipline-dismissal/337-expired-warnings-are-the...
by IRgunther
04 Oct 2017, 17:07
Forum: Assistance for Employers/ Companies
Topic: Unfair Treatment
Replies: 1
Views: 163

Re: Unfair Treatment

Hi

Your matter is too complex and this forum will not suffice. It's advisable, however, that you exhaust all internal grievance processes first and if still unhappy, you have recourse to the CCMA or relevant bargaining council.
by IRgunther
04 Oct 2017, 17:03
Forum: Assistance for Employers/ Companies
Topic: Theft
Replies: 1
Views: 103

Re: Theft

Good day

Your disciplinary code/code of conduct should be your guide but absent any code, issue a warning that corresponds to the severity of the misconduct. Be sure to act consistently.
by IRgunther
04 Oct 2017, 17:02
Forum: Assistance for Employers/ Companies
Topic: Urgent Assistance
Replies: 1
Views: 144

Re: Urgent Assistance

Good day The employer is entitled to hold you to your notice and if you leave prematurely, the employer may sue you for you for damages sustained as result of your premature departure. The employer will however need to prove quantified damages, which might prove difficult if this recourse is not pro...
by IRgunther
04 Oct 2017, 16:58
Forum: Assistance for Employers/ Companies
Topic: Request for representation
Replies: 1
Views: 117

Re: Request for representation

Hi

Yes, it is allowed. The chairperson must consider the nature, seriousness and complexity of the charges in determining whether or not to allow you external representation.
by IRgunther
04 Oct 2017, 16:56
Forum: Assistance for Employers/ Companies
Topic: Family Responsibility Leave
Replies: 1
Views: 118

Re: Family Responsibility Leave

Good day

Provided he furnishes proof validating his family responsibility leave, you have to pay him the three days (no. of days as per BCEA).
by IRgunther
04 Oct 2017, 16:53
Forum: Assistance for Employers/ Companies
Topic: Trade Unions
Replies: 1
Views: 103

Re: Trade Unions

Am I correct in saying they should drive the process themselves? Yes, you are correct.
Is there a limit on how many staff can join? No. No limit at all.

More about trade unions at https://mywage.co.za/main/decent-work/legal-advice/unions-in-south-africa