Labour Bytes

THE RIGHT TO ANNUAL INCREASES

Does an employee have a right to an annual increase?

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THE RIGHT TO AN ANNUAL BONUS

Question: Does an employee have a right to an annual bonus?

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SKILLS DEVELOPMENT MANDATORY GRANTS DEADLINE 30 JUNE 2013

We wish to remind employers that the 30 June 2013 deadline for the submission of your Annual Training Report (ATR) and Workplace Skills Plan (WSP) to the relevant SETA’s is fast approaching.

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THE IMPORTANCE OF PERFORMANCE APPRAISALS

A study showed that 80% of employees were dissatisfied with the performance appraisal system. Many managers also find it an extremely stressful process, so why not just do away with performance appraisals?

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FORFEITURE OF ANNUAL LEAVE

Question: Can annual leave be forfeited?

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Latest Articles

MAY AN EMPLOYEE WITHDRAW A RESIGNATION?

May an employee withdraw a notice of termination and must the employer accept the withdrawal? And is there a distinction between desertion and resignation without proper notice?

[...]

CLAIMING FOR SKILLS DEVELOPMENT CLARIFIED

It is a misconception that companies can only be reimbursed for training provided by external SETA-registered institutions. Companies can in fact also be reimbursed for structured internal, day to day training as well as Learnerships offered.

[...]

IMPACT OF AMENDMENTS TO THE EMPLOYMENT EQUITY ACT

The Bill seeks to rectify anomalies and clarify uncertainties that have arisen out from the interpretation of the EEA in the past decade. We will also see the expansion of the powers of the Labour Inspectorate and the jurisdiction of the CCMA.

[...]

SIGNIFICANT CHANGES COMING TO BBBEE LEGISLATION

The DTI recently published a number of proposed amendments to the Broad Based Black Economic Empowerment Act for comment, which if implemented will have a significant impact on organisations, making it more onerous to retain or improve their ratings.

[...]

EMPLOYEES WHO REFUSE TO SIGN A CONTRACT

Generally an employee may not be dismissed for refusing to sign a contract of employment. But are there circumstances where the employer can take stronger action short of dismissal?

[...]

HIGHLIGHTS OF THE LRA AMENDMENT BILL

Finally we have clarity about the nature of the forthcoming amendments to the LRA and BCEA.

[...]

HOW SERIOUS IS THE TRADE UNION THREAT?

When a trade union approaches an employer with the news that its employees have joined the union, one can understand that some employers might experience a sense of betrayal. But is it as bad as it seems?

[...]

RETIREMENT AGE – THE EMPLOYER’S CHALLENGE

Our law does not provide for a national or general age at which employees have to, or may retire. Contracts of employment may of course contain an agreed retirement age, in which case the employer may ask the employee to leave employment once he or she has reached the agreed age. This is obviously subject [...]

[...]

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.

[...]

PROTECTING WITNESSES IN DISCIPLINARY HEARINGS

What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?

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WORKING AFTER RETIREMENT – BUT HOW DOES ONE TERMINATE EMPLOYMENT?

It sometimes makes sense for companies to allow certain employees to continue working after the agreed or normal retirement age. The question is this: How does one go about terminating employment during that period?

 

MAY AN EMPLOYEE WITHDRAW A RESIGNATION?

May an employee withdraw a notice of termination and must the employer accept the withdrawal? And is there a distinction between desertion and resignation without proper notice?

 

CLAIMING FOR SKILLS DEVELOPMENT CLARIFIED

It is a misconception that companies can only be reimbursed for training provided by external SETA-registered institutions. Companies can in fact also be reimbursed for structured internal, day to day training as well as Learnerships offered.

 

IMPACT OF AMENDMENTS TO THE EMPLOYMENT EQUITY ACT

The Bill seeks to rectify anomalies and clarify uncertainties that have arisen out from the interpretation of the EEA in the past decade. We will also see the expansion of the powers of the Labour Inspectorate and the jurisdiction of the CCMA.

 

SIGNIFICANT CHANGES COMING TO BBBEE LEGISLATION

The DTI recently published a number of proposed amendments to the Broad Based Black Economic Empowerment Act for comment, which if implemented will have a significant impact on organisations, making it more onerous to retain or improve their ratings.

 

ACCOMMODATING RELIGIOUS BELIEFS

In a society with diverse religious beliefs employers are challenged not only to be tolerant, but also to accommodate that diversity in the workplace. To what extent must religious beliefs and practices of employees be accommodated?

 

EMPLOYEES WHO REFUSE TO SIGN A CONTRACT

Generally an employee may not be dismissed for refusing to sign a contract of employment. But are there circumstances where the employer can take stronger action short of dismissal?

 

HIGHLIGHTS OF THE LRA AMENDMENT BILL

Finally we have clarity about the nature of the forthcoming amendments to the LRA and BCEA.

 

HOW SERIOUS IS THE TRADE UNION THREAT?

When a trade union approaches an employer with the news that its employees have joined the union, one can understand that some employers might experience a sense of betrayal. But is it as bad as it seems?

 

RETIREMENT AGE – THE EMPLOYER’S CHALLENGE

Our law does not provide for a national or general age at which employees have to, or may retire. Contracts of employment may of course contain an agreed retirement age, in which case the employer may ask the employee to leave employment once he or she has reached the agreed age. This is obviously subject [...]

 

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.

 

AFFIRMATIVE ACTION: WHERE THE LAW STANDS AT PRESENT

The 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 INFORMATION

There 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 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.

 

DISHONEST JOB APPLICANTS

Not 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 HEARINGS

What 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? A fixed-term contract is one that commences on a particular date and ends on a particular date [...]

 

COLLECTIVE COVER-UP LEAVES NO PLACE TO HIDE

Where individuals within a group of employees have committed misconduct, members of the group may refuse to give information to assist in identifying the culprits. What action can be taken?

 

MISCONDUCT: THE IMPORTANCE OF CLEAR AND KNOWN RULES

The key difference between misconduct and incapacity lies in the fact that the former involves intentionally or negligently breaking the work place rules.

 

WAIVING RIGHTS TO MATERNITY LEAVE

An employee’s right to maternity leave could pose operational problems for an employer, particularly for a small business. But how far can the employer go to protect its business interests.

 

RETRENCHMENT DISPUTES: TERMINATION NOTICES MAY BE INVALID

Retrenching employees is no simple matter. A recent Labour Court case has indicated that in the case of large-scale retrenchments, there is even a greater burden on employers than previously thought.

 

HOW TO INTRODUCE CHANGES IN THE WORKPLACE

How does an employer introduce changes that are not to the employees’ advantage without damaging the employment relationship or facing legal challenges.

 

THE COMPETENT EMPLOYEE WHO IS A MISFIT

Most employers know by now how to deal with employees who break the rules or don’t meet performance standards. It is not so apparent what should be done in the case of an employee with unusual personality traits or other qualities that cause the employee to be incompatible in the working environment.

 

AMENDMENTS TO LABOUR LEGISLATION DURING 2002: CAN EMPLOYERS STILL BE PRO-ACTIVE?

During 2002 several important amendments were made to South African labour legislation. There are some amendments we should take cognisance of but they do not require us to take any action unless something happens such as a retrenchment exercise or the dismissal of an employee. However, there are other changes where it is in an employer’s interest to take pro-active steps.

 

DESERTION: THE CORRECT APPROACH

With the end of the year around the corner, some employers face the prospect of employees going on leave and not returning on the due date or not returning at all. What is the correct way of dealing with such a situation?

 

SEXUAL HARASSMENT AND THE EMPLOYER’S RESPONSIBILITY

Flirtation with colleagues at work is commonplace. Yet, what one person might regard as a light flirtation, another might consider to be sexual harassment. These different perspectives could potentially create problems for the employer. The labour court has recently found in a well-publicized case, that the employer could be held liable for the actions of its employees if it does not intervene.

 

RETRENCHMENT: ROCKY ROAD FOR EMPLOYERS

As far as retrenchment is concerned, not much has changed for employers who employ 50 or fewer employees (See the Labourwise article of May 2002 on www.labourwise.co.za). However, employers employing more than 50 employees and considering reducing their staff, face a more challenging process. This article concentrates on the practical implications of the relevant amendments to the Labour Relations Act of 1995.

 

NEW LABOUR LEGISLATION: PROBATION CLARIFIED

The recent amendment to the Labour Relations Act pertaining to probation has been well received by employers. The purpose and period of and the procedures to be followed during probation are clarified in Schedule 8 of the Act, as amended. But is it really easier now to dismiss an employee on probation?

 

HIV TESTING IN THE WORKPLACE

Due to the growing prevalence of HIV in society, employers are experiencing an increasing impact on the workplace. Absenteeism is increasing and speculation about the risks to non-infected persons is rife. Are employers permitted to assess the extent of the disease in their workplace, or even go so far as to determine the identities of those who are infected?