• The Expert Explains

    The Expert Explains

    Question: Valid or not?
    "Your hours of work can be changed, provided you are given 12 hours notice of such change"?

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    • MOONLIGHTING
      Earning extra money outside of working hours (also referred to as ‘moonlighting’) may sound like a good idea. But what if the employer objects?

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    COMPENSATION FOR UNFAIR SUSPENSION PENDING A DISCIPLINARY HEARING

    An employee could claim additional compensation if a suspension is regarded as being unfair. In a well-publicised case, the CCMA awarded an employee five months’ remuneration in addition to the normal pay that the employee received while on suspension.

     

    DEVIATING FROM DISCIPLINARY PROCEDURES IN MISCONDUCT CASES

    May an employer deviate from disciplinary procedures in misconduct cases?

     

    DROUGHT AND THE EMPLOYMENT RELATIONSHIP

    The potential impact of the drought on the employment relationship should not be underestimated. It may affect the employee’s right to remuneration if it becomes impossible for employees to work, but it may also lead to problems with employee attendance if employees have to queue for water.

     

    DISCIPLINARY ACTION AFTER EMPLOYEE RESIGNATION

    An employee resigns with immediate effect after receiving notice of a disciplinary hearing. May the employer proceed with disciplinary action?

     

    NO WATER, NO WORK – MUST EMPLOYEES BE PAID?

    Some businesses need water in order to function. The prevailing drought in the Western Cape has led to unpredictable interruptions due to the implementation of water rationing measures. Interruptions to water supply can also be due to a variety of other reasons. Contingency plans may be inadequate, which may result in employees not being able to work

     

    WORK PERFORMANCE AND SALES TARGETS

    Does setting sales targets make it easier to dismiss an employee for poor work performance?

     

    INDEPENDENT CONTRACTOR OR EMPLOYEE – THE UBER CASE

    Are Uber drivers independent contractors or employees?

     

    DISMISSING AN EMPLOYEE DUE TO DISABILITY

    Special care must be taken before dismissing an employee due to disability. What guidelines should one follow if there’s doubt?

     

    DEDUCTIONS FOR DAMAGE OR LOSS

    May an employer make deductions for damage or loss caused by employee?

     

    CONDITIONAL CONTRACT OF EMPLOYMENT

    The Labour Relations Act protects employees against unfair dismissal. However, our law makes allowance for a contract of employment coming to an end without it amounting to a dismissal.

     

    HOW TO DEAL WITH DISABILITY VS. MEDICAL INCAPACITY

    The distinction between incapacity due to ill health (‘medical incapacity’) and disability is from both a practical and legal perspective one of the most difficult situations for an employer to manage.

     

    RELYING ON WRITTEN STATEMENTS ONLY IN A DISCIPLINARY HEARING

    In certain exceptional circumstances it is acceptable for an employer to rely on written statements only in a disciplinary hearing.