What written particulars must the employer supply to an employee?
An employer must supply a a new employee with written particulars when employment commences. In this post we look at what is required by the Basic Conditions of Employment Act. In terms of Section 29 of the BCEA, the employer must supply the following particulars in writing, namely: the full name and address of the […]
What payments are an employee entitled to upon termination of employment
What payments are an employee entitled to upon the termination of his or her employment and what is the meaning of a certificate of service in South Africa. Regarding the first part of the question, we need to turn to Section 40 of the Basic Conditions of Employment Act, Act No.75 of 1997, which directs […]
Employee rights during and after internal disciplinary enquiry
What employee rights does an employee have prior to, during and after an internal disciplinary enquiry? It is amazing how many employees do not know that he or she has a right to a disciplinary enquiry that is procedurally fair. Remember, the employer has no right to ambush the employee during an internal disciplinary enquiry. […]
Disciplinary enquiries and legal representation
Irrespective of the fact that there is no absolute right for an employee to be legally represented during his or her disciplinary enquiry, Welman Attorneys can assist and guide the employee through the different phases of the disciplinary process. PRIOR TO THE COMMENCEMENT OF THE ENQUIRY Assistance in understanding the charge(s); Interpreting the employers disciplinary […]
What does unfair dismissal mean?
What does unfair dismissal mean and what does the Labour Relations Act of South Africa say about it? We find the answer in Section 186 (1) of the LRA. “Dismissal” means that — An employer has terminated a contract of employment with or without notice; An employee employed in terms of a fixed term contract […]
Can I Challenge My Suspension
WHEN CAN I CHALLENGE MY SUSPENSION? Short answer, in circumstances where the employee was suspended for no fair reason, clear absence of fair procedure followed, and when the principles of natural justice cannot be observed. In terms of Section 185 of the LRA, each employee has a clear right not to be subjected to unfair […]
Labour Law and South African Schools
The Schools in South Africa are really in a difficult position regarding misconduct of members of staff, as well as misconduct of the learners they teach. The reason for this is not only that Management Teams of Schools, or their Human Resources Officers, are not lawyers, but also the fact that there are so many […]
Employment Lite
Temporary employment contracts in a wide variety of forms are becoming an increasingly common feature of the employment landscape – and leading to a lot of confusion. You may have read recently that the CCMA has decided that Uber drivers in South Africa are employees rather than independent contractors, although we will have to […]
Nothing to do with Labour Law
When I was a manager, I seemed to spend much of my time trying to get things done which, “on paper”, should have just worked. Matters that weren’t problems somehow became problems. It took a lot of time and effort just to get ordinary things done. For example, someone on my team might need to […]
Management Overtime
You probably know that junior staff (earning under R205 433.30 per annum) are eligible for paid overtime under the law. Their work is generally measured by the hours worked or perhaps physical output (i.e. number of widgets produced). Your senior staff (i.e. people who earn above this), don’t have an automatic claim to paid overtime. […]