Labour Bytes

THE RIGHT TO AN ANNUAL BONUS

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

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FORFEITURE OF ANNUAL LEAVE

Question: Can annual leave be forfeited?

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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 RIGHT TO ANNUAL INCREASES

Does an employee have a right to an annual increase?

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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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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?

[...]

Barney Jordaan

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.

[...]

Karlien Scholtz

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.

[...]

Jan Truter

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.

[...]

Neil Raymer

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?

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Jan Truter

HIGHLIGHTS OF THE LRA AMENDMENT BILL

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

[...]

Barney Jordaan

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?

[...]

Jan Truter

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 [...]

[...]

Barney Jordaan

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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Jan Truter

PROTECTING WITNESSES IN DISCIPLINARY HEARINGS

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

[...]

Barney Jordaan

Forms »

Forms to guide you in managing your labour relations and protect you against unfair dismissal or unfair labour practice claims. Click on your chosen area of interest below to download.

UNFAIR DISMISSAL – DISMISSAL FOR MISCONDUCT

1A1 Notice of Disciplinary Enquiry
1B1 Detailed Guidelines: Preparing for Disciplinary Enquiry
Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 1.1 Disciplinary Code & Procedure
Form 1.2 Informal disciplinary interview.No dismissal envisaged
Form 1.3 Record of warning. All in one
Form 1.4 Notice of disciplinary hearing
Form 1.4b Notice of disciplinary hearing&suspension
Form 1.4c Suspension only
Form 1.5 Formal disciplinary hearing guidelines.Possible dismissal
Form 1.6 Dismissal.notice
Form 1.7 Administration after dismissal
Form 1.8 Certificate of service

by Pieter | 30 May 2010 – 2:01 pm | Also posted in Private | Comments (4)

UNFAIR DISMISSAL – MEDICAL INCAPACITY

Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 3.1 Checklist
Form 3.2 Consent to disclose medical condition
Form 3.3 Notice of investigation
Form 3.4 Notice of dismissal

by Pieter | 29 May 2010 – 11:12 pm | Also posted in Private | Comments (2)

UNFAIR DISMISSAL – DESERTION & RESIGNATION

Form 5.1 Desertion letter

by Pieter | 28 May 2010 – 8:22 pm | Also posted in Private | Comments (0)

UNFAIR DISMISSAL – POOR WORK PERFORMANCE

Code of Good Practice.Dismissal (Schedule 8 2009 07 update)
Form 2.1 Poor performance counselling
Form 2.2 Poor performance Notice of Investigation
Form 2.3 Poor performance Investigation guidelines
Form 2.4 Poor performance Notice of dismissal

by Pieter | 27 May 2010 – 10:55 pm | Also posted in Private | Comments (0)

UNFAIR DISMISSAL – RETRENCHMENT

Code of Good Practice. Dismissal for operational requirements.1999.07

Form 4.1 Retrenchment checklist
Form 4.2 Invitation to consult
Form 4.3 Letter to employees
Form 4.3 Retrenchment Agreement
Form 4.4 Final decision confirmation
Form 4.5 Final consultation (individual employee)
Form 4.6 Notice of termination
Form 4.7 Reference letter

by Pieter | 26 May 2010 – 8:07 pm | Also posted in Private | Comments (0)

DISPUTES – GRIEVANCE AND DISPUTE RESOLUTION

Form 10.1 Grievance Procedure
Form 10.2 Grievance Notification
Form 10.3 Guidelines for Grievance Hearing

by Pieter | 25 May 2010 – 4:37 pm | Also posted in Private | Comments (0)

DISPUTES – CONCILIATION

Form 11.1 Dispute resolution bodies
Form 11.2 Disputes and their processes
Form 11.3 Guidelines for conciliation

by Pieter | 24 May 2010 – 9:02 pm | Also posted in Private | Comments (0)

DISPUTES – ARBITRATION AT THE CCMA

Form 12.1 Guidelines for arbitration process
Form 12.2 Flowchart for dispute resolution

by Pieter | 23 May 2010 – 9:11 pm | Also posted in Private | Comments (0)

BASIC CONDITIONS OF EMPLOYMENT ACT – PURPOSE AND APPLICATION

BCEA 2: Wages register
BCEA 3: Attendance register
BCEA 4: Payslip
BCEA 5: Certificate of service

by Pieter | 22 May 2010 – 6:00 am | Also posted in Private | Comments (0)

UNIONS AND STRIKES – UNION RIGHTS

Form 6.1 Authorisation to deduct
Form 6.2 Notice of revocation
Form 6.3 Draft Recognition agreement

by Pieter | 21 May 2010 – 8:58 pm | Also posted in Private | Comments (0)

UNIONS AND STRIKES – NEGOTIATING WITH UNIONS

Negotiating with unions

by Pieter | 21 May 2010 – 7:20 pm | Also posted in Private | Comments (0)

UNIONS AND STRIKES – PROTECTED STRIKES

Code of Good Practice.Picketing.1998.05
Form 8.1 Preparing for a strike
Form 8.2 Checklist during the strike
Form 8.3 Checklist after the strike
Form 8.3 Checklist after the strike2
Form 8.4 Draft picketing agreement
Form 8.5 Strike flow chart

by Pieter | 20 May 2010 – 10:05 pm | Also posted in Private | Comments (0)

UNIONS AND STRIKES – UNPROTECTED STRIKES

Form 9.1 Notice in anticipation of strike
Form 9.2 Notice after commencement of Unlawful Strike
Form 9.3 Further notice during Unlawful Strike
Form 9.4 Unlawful Strike: Ultimatum
Form 9.5 Unlawful Strike: Notice of Dismissal
Form 9.6 Unlawful Strike: Notice of Disciplinary Action

by Pieter | 20 May 2010 – 3:48 pm | Also posted in Private | Comments (0)

EMPLOYMENT EQUITY – AFFIRMATIVE ACTION

Code of Good Practice.Preparation, implementation & monitoring of EE plans.1999.11
Employment Equity Regulations 2009.07.14
Form 14.1 Turnover threshold
Form 14.2 Fines for EE transgressions

by Pieter | 19 May 2010 – 10:00 pm | Also posted in Private | Comments (0)

EMPLOYMENT EQUITY – DISCRIMINATION

Code of Good Practice.Employment of People with Disabilities.2002.08.1919 Code of Good practice.Handling Sexual Harassment.2005.06.22 Code of Good Practice.Integration of EE into HR Policies & Practices.2005.08.04 Form 13.1

by Pieter | 12 May 2010 – 9:31 pm | Also posted in Private | Comments (0)

BASIC CONDITIONS – SPECIFIC SECTORS – HOSPITALITY TRADE

Sectoral Determination 14: Hospitality Sector
Hospitality Trade – Minimum wages 2009 – 2010
Hospitality Trade – Contract of employment

by Pieter | 10 May 2010 – 9:38 pm | Also posted in Private | Comments (0)

BASIC CONDITIONS – SPECIFIC SECTORS – WHOLESALE/RETAIL

Sectoral Determination 9 – Wholesale and Retail Sector
Wholesale & Retail – Minimum wages 2010-2011
Wholesale & Retail – Contract of employment: Permanent
Wholesale & Retail – Contract of employment: Fixed
Wholesale & Retail – Explanatory notes
Annexure A: Proof of employment
Annexure B: Attendance register
Annexure C: Payslip

by Pieter | 9 May 2010 – 12:17 am | Also posted in Private | Comments (0)

BASIC CONDITIONS – SPECIFIC SECTORS – DOMESTIC WORKERS

Sectoral Determination 7: Domestic Worker Sector
Domestic worker – Minimum wages 2010-2011
Domestic worker – Contract of employment
Domestic worker – Explanatory Note
Domestic worker – Time and Wage record
Domestic worker – Certificate of service
Domestic worker – Sectoral Determination Summary

Huiswerker – Dienskontrak
Huiswerker – Tyd en loon rekord
Huiswerker – Dienssertifikaat

by Pieter | 8 May 2010 – 9:23 pm | Comments (4)

BASIC CONDITIONS – SPECIFIC SECTORS – FARM WORKERS

Sectoral Determination 8: Farm worker Farm workers – Minimum wages 2010 – 2011 Farm workers – Contract of employment Farm workers – Explanatory notes Farm workers – Accommodation addendum

by Pieter | 7 May 2010 – 11:38 am | Comments (0)