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THE OBLIGATION TO WORK OVERTIME

Question: May employees be forced to work overtime? What if they refuse?

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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”).

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SICK LEAVE DURING ANNUAL LEAVE

Question: If an employee falls ill during annual leave, must the employee get paid sick leave? Or must the employee’s annual leave entitlement be extended?

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WHAT IS A “CASUAL”?

Question: Does the concept of a “casual” still exist?

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THE RIGHT TO ANNUAL INCREASES

Does an employee have a right to an annual increase?

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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?

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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.

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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?

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QUO VADIS FIXED TERM CONTRACTS?

Just as we think that the law pertaining to fixed term contracts has settled, something changes. While the latest development regarding the expectation of renewal of a fixed term contract may be welcomed by employers, there is no reason to celebrate.

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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 [...]

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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.

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IDRefcheck Sample Report

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