Comments for LabourWise

Comment on OVERTIME PAY FOR MANAGERS by Jan Truter

Jan Truter — Thu, 16 Feb 2012 06:35:38 +0000

Response to Helna: Working hours for employees earning in excess of the threshold are not regulated. Therefore they can be expected to work more than the normal working days and hours. There is no specified limit to the hours they may be required to work.

Comment on OVERTIME PAY FOR MANAGERS by Helna

Helna — Wed, 15 Feb 2012 13:48:16 +0000

Is there an upper limit for the amount of hours that an employee who earns in excess of the threshold, can be expected to work?
May it be expected of such employees to work on more than 5 days a week?

Comment on QUO VADIS FIXED TERM CONTRACTS? by Jan Truter

Jan Truter — Tue, 14 Feb 2012 14:26:07 +0000

Response to Ilse’s question: It does apply to temp workers. However, an “open ended assigment” has a ring of permanence to it.

Comment on QUO VADIS FIXED TERM CONTRACTS? by Jan Truter

Jan Truter — Tue, 14 Feb 2012 14:09:40 +0000

Response to Michael’s question: I understand your sentiments, but we don’t know what these permanent positions wer for or what the interview process entailed. It is unfortunate that these background facts are not dealt with in the judgement. The LAC’s focus was very narrow and technical. Ms Geldenhuys’s problem was that she had “put her hat in the ring” for a permanent position. She had been offered a further extension of her fixed term contract on more favourable terms. The court did not seem impressed that she had declined this offer.

Comment on QUO VADIS FIXED TERM CONTRACTS? by Ilse

Ilse — Tue, 14 Feb 2012 13:57:30 +0000

Hi,does this apply to temp workers as well? I’ve been a temp through an agency for a major telecoms company for 5 years now. The contract stipulated it is an ‘open ended assignment’

Comment on QUO VADIS FIXED TERM CONTRACTS? by Michael

Michael — Tue, 14 Feb 2012 13:25:00 +0000

Was the permanent job position the same or similiar position as what she was doing in terms of her fixed term contract or was it a totally different position? If it was the same position it would seem to me to be unreasonable to appoint a new employee on a permanent basis to do the same work as her and then keep her temporary, unless there is a very good reason to do that. what are your thoughts?

Comment on QUO VADIS FIXED TERM CONTRACTS? by Jan Truter

Jan Truter — Tue, 14 Feb 2012 10:43:05 +0000

Response to Faud’s query: If the employee’s contract was validly terminated due to his fixed term of employment having come to an end, he would not be able to claim to have been unfairly dismissed for misconduct.

Comment on QUO VADIS FIXED TERM CONTRACTS? by Fuad Jappie

Fuad Jappie — Tue, 14 Feb 2012 07:08:06 +0000

Can an employee claim unfair dismissal if he is to appear in a disciplinary hearing after his contract end date but his contract is not renewed before the hearing date and the hearing is then not held because his contract was not renewed.

Comment on MINIMUM RATES FOR WHOLSALE & RETAIL SECTOR: 2012 by Jan Truter

Jan Truter — Tue, 07 Feb 2012 06:23:54 +0000

One cannot pay less than the minumum wage, irrespective of work performance. There are two things you can do: Pay an additional incentive for good performance and/or performance management with the poor performer.

Comment on CHANGING HOURS OF WORK by Jan Truter

Jan Truter — Thu, 26 Jan 2012 15:30:39 +0000

Dennis, this appears to be a practice rather than part of the agreed terms and conditions of employment. In our view the employer would be entitled to require employees to work a full day prior to Christmas and New Year, as long as the employer consults with employees a reasonable period beforehand and does not leave it until the last moment.