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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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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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WHAT IS A “CASUAL”?

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

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TERMINATION OF A CONTRACT OF TEMPORARY EMPLOYMENT

Must an employer give notice of termination of the services of an employee who has been employed on a temporary basis?

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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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Article Archive

Previously featured labour articles, organised by date. You can view any of these articles by clicking the title.

ELECTRONIC COMMUNICATIONS AND EMPLOYEE PRIVACY

When employees send e-mails, they don’t always anticipate where an e-mail might eventually end up. What about their right to privacy?

NOT ALLOWED TO DISMISS A THIEF?

In Shoprite Checkers (Pty) Ltd v CCMA & Others the LAC held essentially that theft should be treated like all other forms of misconduct and that mitigating factors must also be taken into account.

TRANSFERRING YOUR BUSINESS – SIMPLIFIED OR COMPLICATED?

One of the most significant amendments to the Labour Relations Act that became effective on 1 August 2002, relates to the transfer of business as a going concern. In many respects the law is clarified. But here are some sticky questions.

EXPLANATORY NOTE

Purpose of contract
This easy-to-use contract is designed to help employers of domestic workers. It concentrates on that which is essential and avoids unnecessary legal technicalities.
Definition of “domestic worker”

EXPLANATORY NOTES: WHOLESALE & RETAIL CONTRACT EMPLOYMENT

A comprehensive discussion of Sectoral Determination 9: Wholesale and Retail with practical examples can be found on www.labourwise.co.za
Wholesale and Retail Sector
This employment contract is based on Sectoral Determination 9: Wholesale and Retail
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RETRENCHMENTS BECOME TRICKY

Retrenching employees has been regarded as a relatively straight-forward process. However, recent judgements have shown that the requirement of fairness stretches beyond the text of legislation.

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.

DEALING WITH ‘INVISIBLE’ ILLNESSES

Managing a situation involving an ‘invisible’ illness, e.g. depression, can be challenging, as the employer in Marsland v New Way Motor & Diesel discovered.

IMPLICATIONS OF WOMEN’S DAY FALLING ON A SUNDAY

Should Monday be regarded as a public holiday instead of Sunday, or should both Sunday and Monday be regarded as public holidays?

DON’T CHEW YOUR DISCIPLINARY CHARGES

Disciplinary charges can inevitably cause tension between employer and employee. The employee nevertheless has a duty to show respect for as long as the employment relationship continues.