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BOMBSHELL FOR RESTAURANTS AND RELATED ESTABLISHMENTS

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan TruterLeave a Comment

In the wake of the devastation caused by Covid-19, fast food outlets, restaurants and caterers across the country are being dealt yet another blow. The Minister of Employment and Labour has extended the terms of the Main Agreement of a newly formed Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades (‘BCFFRCAT’) to establishments across the entire country.

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RETRENCHMENT PAYOUTS IN THE COVID-19 CONTEXT [Abbreviated version]

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter2 Comments

[Abbreviated version] The long-term effects of Covid-19 on businesses have become clearer. Short-term interventions, such as taking annual leave, temporary lay-off, short time and pay cuts, may no longer be appropriate. It may be necessary for a more permanent measure; i.e. retrenchment. But what payments are employees entitled to if they are retrenched?

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ANNUAL LEAVE IN THE COVID-19 CONTEXT

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter16 Comments

As we approach the end of a very unusual year, employers are faced with multiple questions surrounding annual leave entitlement.

Many employees took annual leave during the lockdown, resulting in a significant depletion of the leave available to them. Many employees have also been laid off or had their work hours reduced. But how has leave accrued during this period and how must it be calculated?

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WHO PAYS SALARIES DURING 21-DAY LOCK-DOWN?

In Article Archive, Article Archive - Home, Article Archive - Teazer, Labour News, Labour News Teazer by Jan Truter35 Comments

In a drastic measure to curb the spread of COVID-19, the SA Government has declared a lock-down as from midnight on Thursday 26 March 2020 until midnight on Thursday 16 April 2020. This will be enacted in terms of the Disaster Management Act. During this period all employees, with the exception of a few categories, will have to stay at home. Who pays their salaries? What happens after the 21-day lock-down?

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COVID-19 & UIF – SHORT TIME & TEMPORARY LAY-OFF

In Article Archive, Article Archive - Home, Article Archive - Teazer, Labour News, Labour News Teazer by Jan Truter19 Comments

Some businesses are under severe strain as a consequence of the severe measures implemented due to the COVID-19 having been declared a national disaster. They are resorting to emergency measures such as short time & temporary lay-off. A fairly recent amendment to the Unemployment Insurance Act of 2001 is likely to bring much needed relief to affected employees.

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CORONAVIRUS IMPACT IN THE WORKPLACE

In Article Archive, Article Archive - Home, Article Archive - Teazer, Labour News, Labour News Teazer by Jan Truter5 Comments

Now that the World Health Organisation has declared the Coronavirus (COVID-19) outbreak a pandemic and the President has declared it a national disaster, employers are under increased pressure to take action: What precautionary measures should be taken, what forms of leave apply, how must employees be accommodated, quarantine, how does one deal with a slowdown in business, etc?

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HEARSAY EVIDENCE IN DISCIPLINARY AND ARBITRATION HEARINGS

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan Truter2 Comments

Occasionally a customer or other external party is witness to employee misconduct. It may be necessary for such person to give evidence in disciplinary proceedings. If the employee challenges the outcome of the hearing, such evidence may also be needed in arbitration proceedings. But what if the person does not want to get involved? Is hearsay evidence allowed?

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Disciplinary action after resignation with immediate effect

In Article Archive, Article Archive - Home, Article Archive - Teazer by Jan TruterLeave a Comment

Can employees escape the consequences of their actions by resigning with immediate effect? There has been uncertainty about an employer’s right to proceed with disciplinary action after an employee’s resignation ‘with immediate effect’ but a judgement of the Labour Court in Cape Town has brought about much needed clarity.

PLEA BARGAIN ARRANGEMENTS IN DISCIPLINARY CASES

In Article Archive, Private by Barney JordaanLeave a Comment

The issue of ‘plea bargaining’ arises where there are several perpetrators involved in a disciplinary transgression. The employer needs one or more co-perpetrators to give evidence at the disciplinary hearing. Can one agree to a lesser sanction in return for his testimony against the alleged accomplices?

PART-TIME EMPLOYMENT CLARIFIED

In Article Archive, Private by Jan Truter4 Comments

Until recently, our labour legislation has made no reference to part-time employment. What has gone almost unnoticed is the specific introduction of the protection of employees that are employed on a part-time basis in contrast to fixed term contracting that has received a lot of publicity recently.

EMPLOYER RIGHTS PERTAINING TO PREGNANCY AND MATERNITY LEAVE

In Article Archive, Private by Barney Jordaan2 Comments

Does a job applicant need to disclose her pregnancy status to an employer? May an employer take disciplinary action against an employee who, at the time of appointment, failed to disclose her pregnancy? Or lied about it? May an employee who is on maternity leave be dismissed for genuine reasons relating to performance, disciplinary action or redundancy?

FIXED TERM CONTRACTS: Changes effective 1 Jan 2015

In Article Archive by Jan Truter56 Comments

One of the most important changes to the Labour Relations Act , which came into effect on 1 January 2015, is the added protection afforded to employees on fixed term contracts. While some employers and employees are not directly affected, the impact will be far reaching and employers are encouraged to review their current contracts and practices to ensure compliance.

CONTRACTING OUT OF THE LABOUR RELATIONS ACT

In Article Archive, Private by Jan Truter2 Comments

Imagine a situation where an employer does not have job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done?

CHANGING A DISCIPLINARY SANCTION

In Article Archive, Private by Barney JordaanLeave a Comment

Does it make any difference if the employer’s disciplinary procedure makes specific provision for management’s power to overrule a chairperson’s decision? Or if it states that the chairperson’s findings are just recommendations and not final decisions?