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Labour Bytes
THE OBLIGATION TO WORK OVERTIME
Question: May employees be forced to work overtime? What if they refuse?
Read more...TERMINATION OF A TEMPORARY EMPLOYMENT CONTRACT
Question: Must an employer give notice of termination of the services of an employee who has been employed on a temporary basis?
Read more...NEW EARNINGS THRESHOLD: ADDITIONAL EXPENSE FOR EMPLOYERS
Certain provisions of the Basic Conditions of Employment Act of 1997 (the BCEA) pertaining to working time do not apply to senior managerial employees or employees who earn in excess of certain amount per year (the “earnings threshold”).
Read more...OVERTIME PAY FOR MANAGERS
May a manager be required to work overtime, on Sundays and public holidays without receiving additional pay?
Read more...
Latest Articles
PROTECTING WITNESSES IN DISCIPLINARY HEARINGS
What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?
[...]TRASHING YOUR BOSS ON FACEBOOK
Social networks, such as Facebook, serve as a useful vehicle for sharing one’s personal views. It can also have unexpected and unfortunate ramifications. One example is when an employee makes use of a social network to air his views about his or her employer.
[...]ACCOMODATING CULTURAL BELIEFS AND INDIGENOUS CUSTOMS
Should an employer try to accommodate an employee’s request for leave of absence to be trained as a traditional healer, where the period of absence may be as long as one month or longer? Or to grant leave in excess of the family responsibility leave available to an employee so that she can fulfil her obligation to arrange for a family member’s funeral?
[...]DEALING WITH DESERTION
When an employee is absent for several days without communicating with the employer, the incorrect assumption is often made that the employee has deserted and has therefore dismissed himself.
[...]WELCOME TO LABOURWISE - The Employer's Choice
Labourwise offers logical and practical information for the business owner, HR specialist and manager to support you in the successful management of your labour force.
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Click here to subscribe to our newsletter and receive free articles. ACCOMODATING CULTURAL BELIEFS AND INDIGENOUS CUSTOMSShould an employer try to accommodate an employee’s request for leave of absence to be trained as a traditional healer, where the period of absence may be as long as one month or longer? Or to grant leave in excess of the family responsibility leave available to an employee so that she can fulfil her obligation to arrange for a family member’s funeral? TRASHING YOUR BOSS ON FACEBOOKSocial networks, such as Facebook, serve as a useful vehicle for sharing one’s personal views. It can also have unexpected and unfortunate ramifications. One example is when an employee makes use of a social network to air his views about his or her employer. AFFIRMATIVE ACTION: WHERE THE LAW STANDS AT PRESENTThe recently proposed amendments to the Employment Equity Act (‘EEA’) created much discussion and concern. The concern arose from both the substance of some of the proposals and the poor manner in which they were drafted. For now it would appear that the proposed changes (as well as proposed changes to the LRA and the BCEA) will not be passed in law in their current form. We are likely to see, at some point in the not too distant future, better considered and drafted proposals for change. PROSPECTIVE EMPLOYEE’S DUTY TO DISCLOSE INFORMATIONThere is a fair chance that a job seeker has left the employment of the former employer on bad terms. Whatever the circumstances, the applicant is faced with the difficulty that volunteering such information could harm the prospects of getting a new job. The job seeker may get away by being scant on detail in the CV. Being evasive during the job interview is likely to be more problematic. But how far does the duty to disclose go? DEALING WITH DESERTIONWhen an employee is absent for several days without communicating with the employer, the incorrect assumption is often made that the employee has deserted and has therefore dismissed himself. DISHONEST JOB APPLICANTSNot everyone applying for a new job has left the previous employer on good terms. How many details of the applicant’s employment history should be disclosed to the prospective employer? PROTECTING WITNESSES IN DISCIPLINARY HEARINGSWhat does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation? FIXED-TERM CONTRACTS: WHAT HAPPENS IF THE EMPLOYEE WORKS BEYOND THE EXPIRY DATE?It often happens that an employee who has been appointed on a fixed-term contract is allowed to continue working beyond the expiry date. What is the employee’s status after that date? Is the employee regarded as being temporary? |
DISMISSAL: MISCONDUCT