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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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OVERTIME PAY FOR MANAGERS

May a manager be required to work overtime, on Sundays and public holidays without receiving additional pay?

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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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TERMINATION OF A TEMPORARY EMPLOYMENT CONTRACT

Question: 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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CHANGING HOURS OF WORK

May an employer increase or decrease agreed working hours of its employees?

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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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MINIMUM RATES FOR WHOLSALE & RETAIL SECTOR: 2012

As from 1 February 2012, the minimum wage rates in the Wholesale and Retail have been increased by approximately 6,38%.

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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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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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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

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

UNFAIR DISMISSAL – DESERTION & RESIGNATION

Form 5.1 Desertion letter

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

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

DISPUTES – GRIEVANCE AND DISPUTE RESOLUTION

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

DISPUTES – CONCILIATION

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

DISPUTES – ARBITRATION AT THE CCMA

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

BASIC CONDITIONS OF EMPLOYMENT ACT – PURPOSE AND APPLICATION

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

UNIONS AND STRIKES – UNION RIGHTS

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