Question: Does an employee have a right to an annual bonus?
Read more...The minimum wage rates in the Wholesale and Retail are increased as from 1 February 2013. There are also a few other amendments to the Sectoral Determination that employers need to note.
Read more...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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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?
[...]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.
[...]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.
[...]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.
[...]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?
[...]Finally we have clarity about the nature of the forthcoming amendments to the LRA and BCEA.
[...]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?
[...]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 [...]
[...]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.
[...]What does one do with whistleblowers who refuse to testify in a disciplinary hearing because they fear intimidation?
[...]
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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8 Comments
Response to Thomas: The fact that the fixed term contracts of the others we extended, does not necessarily mean that a reasonable expectation was created in her case. She would still have to prove it with reference to all the circumstances.
If an employees were employed on a fixed term contract towards the end of contract a female employee goes to a maternity leave while on maternity leave the employee extends the employment contracts of other employees but her contract is not extended does that amounts to unfair labour practices and does it create a reasonable expectation that the employee was going to give her extension.
Response to Ilse’s question: It does apply to temp workers. However, an “open ended assigment” has a ring of permanence to it.
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.
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’
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?
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.
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.