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DISPUTES ABOUT BENEFITS PART 1: THE DISTINCTION BETWEEN REMUNERATION AND BENEFITS

In Article Archive, Private by Jan Truter4 Comments

Employers have been avoiding liability for unfair labour practice claims relating to “benefits” for some time. It has been argued, often successfully, that the CCMA lacks jurisdiction where a dispute about benefits relates to remuneration. This and other barriers have since been eroded significantly.

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Comments

  1. Is it lawful for an employer to reduce the salary of a permanently employed worker for no reason

    1. Author

      Reply to Handsome Tenisi: An employer has to obtain the agreement of an employee to reduce the employee’s salary – it may not be done unilaterally.

  2. Would this be applicable to a discretionary bonus that is linked to company as well as personal performance

    1. Author

      Reply to Carmelita: Yes, it would apply to all cases where employees allege that they have been unfairly treated compared to others. However, where a discretionary bonus is denied due to company performance, it is likely to be applied across the board in which case there should be no basis for declaring an unfair labour practice.

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