Are you over 18 and want to see adult content?
More Annotations
![Conversor de moedas, Economia, Investimentos, Finanças | FinanceOne](https://www.archivebay.com/archive/d4413b0d-6a2c-4e24-8976-68e08d0cb80a.png)
Conversor de moedas, Economia, Investimentos, Finanças | FinanceOne
Are you over 18 and want to see adult content?
![sustainability.bg - Блогът на denkstatt](https://www.archivebay.com/archive/2b4477ac-8f95-4135-891c-94e4f439f271.png)
sustainability.bg - Блогът на denkstatt
Are you over 18 and want to see adult content?
![forumdlazycia Tradycji Katolickiej](https://www.archivebay.com/archive/25f8dce3-f7d3-4652-89b7-a4f099d1b822.png)
forumdlazycia Tradycji Katolickiej
Are you over 18 and want to see adult content?
![Most Downloaded Books | Read Books Online](https://www.archivebay.com/archive/29799774-7ff1-46b9-8b87-70dc53cde4d5.png)
Most Downloaded Books | Read Books Online
Are you over 18 and want to see adult content?
![deRuedas.com.ar - ¡ CAMBIAR TU AUTO ES GENIAL !](https://www.archivebay.com/archive/9a0e63e9-6e85-4b4d-ac51-063fbd013682.png)
deRuedas.com.ar - ¡ CAMBIAR TU AUTO ES GENIAL !
Are you over 18 and want to see adult content?
![Versandhaus WITT WEIDEN: Online Shop für Mode & Wäsche](https://www.archivebay.com/archive/ad51e610-cc0a-4475-a391-0245e43eb73c.png)
Versandhaus WITT WEIDEN: Online Shop für Mode & Wäsche
Are you over 18 and want to see adult content?
Favourite Annotations
![A complete backup of https://lowimpactliving.com](https://www.archivebay.com/archive6/images/6cc8c159-cde2-4de3-abd0-410a4ce8579e.png)
A complete backup of https://lowimpactliving.com
Are you over 18 and want to see adult content?
![A complete backup of https://gazetavyborg.ru](https://www.archivebay.com/archive6/images/c30dbc5a-c713-4909-9bf0-33882cb47bd9.png)
A complete backup of https://gazetavyborg.ru
Are you over 18 and want to see adult content?
![A complete backup of https://bestmedspharma.com](https://www.archivebay.com/archive6/images/a4d5bcbb-fbda-47ff-a292-572b67609084.png)
A complete backup of https://bestmedspharma.com
Are you over 18 and want to see adult content?
![A complete backup of https://onfido.com](https://www.archivebay.com/archive6/images/903deda8-f6bd-4120-a279-e06009da7128.png)
A complete backup of https://onfido.com
Are you over 18 and want to see adult content?
![A complete backup of https://mineriaenlinea.com](https://www.archivebay.com/archive6/images/aea3fb8c-aa87-4a9f-b0c0-de6eaf8d5398.png)
A complete backup of https://mineriaenlinea.com
Are you over 18 and want to see adult content?
![A complete backup of https://hydrafix.es](https://www.archivebay.com/archive6/images/5cf6bcd3-7dde-4e9d-bf1e-813f3061dd31.png)
A complete backup of https://hydrafix.es
Are you over 18 and want to see adult content?
![A complete backup of https://grandviewoutdoors.com](https://www.archivebay.com/archive6/images/be1a87ac-cfc0-4faf-bf5c-ff59b235c354.png)
A complete backup of https://grandviewoutdoors.com
Are you over 18 and want to see adult content?
![A complete backup of https://sizzy.co](https://www.archivebay.com/archive6/images/6b200232-5387-4c82-b0da-bd389befb34d.png)
A complete backup of https://sizzy.co
Are you over 18 and want to see adult content?
![A complete backup of https://ciprofloxacin500.com](https://www.archivebay.com/archive6/images/5f4b4b70-31f5-4276-8033-2835d27c9c76.png)
A complete backup of https://ciprofloxacin500.com
Are you over 18 and want to see adult content?
![A complete backup of https://quadrangle.ca](https://www.archivebay.com/archive6/images/f13bbb8d-7c01-4e72-b39c-ebe9ce059c3a.png)
A complete backup of https://quadrangle.ca
Are you over 18 and want to see adult content?
![A complete backup of https://belafy.com](https://www.archivebay.com/archive6/images/11d1c848-0ce0-4fa5-9e2f-93fbbfb23511.png)
A complete backup of https://belafy.com
Are you over 18 and want to see adult content?
Text
commences
DOUBLE JEOPARDY
Where double jeopardy occurs it is often because the employer needs to get the employee out by hook or by crook. This could be due to a personality clash, to the fact that the employee is considered to be a trouble- maker or because the employer has genuinely lost trust in the employee. Whatever the reason, the employer is not free to act on it YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Sick leave and medical certificates Nicolene Erasmus What the Basic Conditions of Employment Act says: 22. Sick leave. —(1) In this Chapter, “sick leave cycle” means the period of 36 months’ employment with the same employer immediately following— (a) an employee’s commencement of employment; or(b) the completion of that employee’s prior sick leave cycle. POLYGRAPHS | LABOUR GUIDE Polygraph TestingProvided by the Commission for Conciliation, Mediation and Arbitration (CCMA) WHAT IS POLYGRAPH TEST It is a test used to verify a person's truthfulness and is often called a 'Lie Detector Test.' IS THERE ANY LAW CONTROLLING USE OF POLYGRAPH IN SOUTH AFRICA Polygraph testing is ALCOHOL AND DRUGS IN THE WORKPLACE The important thing that comes out of the case law is the Employer's Policy on Alcohol and Drug Consumption on or off the Workplace. The policy should be clear – firstly, zero tolerance. Do not allow for limits in your policy. Secondly, the policy must stipulate your test procedure. For example, a breathalyser test for alcohol will be COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA The key is to resolve conflict in such a way that it improves the situation for all the relevant parties involved. Important steps in this process include: 1. Identify the problem. Find out what the source of the conflict is and in what stage the conflict is in. The aim is to try to get involved as soon as possible. 2. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in any HOURS OF WORK AND OVERTIME The maximum permissible overtime as per section 10 of the Basic Conditions of Employment Act is 10 hours in any 1 week. As per the definitions of the Act a week means the period of seven days within which the working week of that employee ordinarily falls and a day a period of 24 hours measured from the time when the employee normallycommences
DOUBLE JEOPARDY
Where double jeopardy occurs it is often because the employer needs to get the employee out by hook or by crook. This could be due to a personality clash, to the fact that the employee is considered to be a trouble- maker or because the employer has genuinely lost trust in the employee. Whatever the reason, the employer is not free to act on it YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Sick leave and medical certificates Nicolene Erasmus What the Basic Conditions of Employment Act says: 22. Sick leave. —(1) In this Chapter, “sick leave cycle” means the period of 36 months’ employment with the same employer immediately following— (a) an employee’s commencement of employment; or(b) the completion of that employee’s prior sick leave cycle. POLYGRAPHS | LABOUR GUIDE Polygraph TestingProvided by the Commission for Conciliation, Mediation and Arbitration (CCMA) WHAT IS POLYGRAPH TEST It is a test used to verify a person's truthfulness and is often called a 'Lie Detector Test.' IS THERE ANY LAW CONTROLLING USE OF POLYGRAPH IN SOUTH AFRICA Polygraph testing is ALCOHOL AND DRUGS IN THE WORKPLACE The important thing that comes out of the case law is the Employer's Policy on Alcohol and Drug Consumption on or off the Workplace. The policy should be clear – firstly, zero tolerance. Do not allow for limits in your policy. Secondly, the policy must stipulate your test procedure. For example, a breathalyser test for alcohol will be COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA The key is to resolve conflict in such a way that it improves the situation for all the relevant parties involved. Important steps in this process include: 1. Identify the problem. Find out what the source of the conflict is and in what stage the conflict is in. The aim is to try to get involved as soon as possible. 2. POLYGRAPHS | LABOUR GUIDE Polygraph TestingProvided by the Commission for Conciliation, Mediation and Arbitration (CCMA) WHAT IS POLYGRAPH TEST It is a test used to verify a person's truthfulness and is often called a 'Lie Detector Test.' IS THERE ANY LAW CONTROLLING USE OF POLYGRAPH IN SOUTH AFRICA Polygraph testing is YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Sick leave and medical certificates Nicolene Erasmus What the Basic Conditions of Employment Act says: 22. Sick leave. —(1) In this Chapter, “sick leave cycle” means the period of 36 months’ employment with the same employer immediately following— (a) an employee’s commencement of employment; or(b) the completion of that employee’s prior sick leave cycle. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA By Magate Phala. Section 23 (1) of the 1996 Constitution of the Republic of South Africa read together with sections 185 and 186 (2) of the Labour Relations Act, 66 of 1995 provides that everyone has the right to fair labour practices. A grievance may be defined as any feeling of discontent, unfairness or injustice which an employee mayhave in
24 HOUR NOTICES
Those 24-Hour Notices Many an employer has had to contend with the 24-hour notice problem. What usually happens is an employee is appointed and then trained at a cost to the employer.A contract of employment is signed which normally has a clause stating that a month's notice should be given at termination of the contract byeither party.
ALCOHOL AND DRUGS IN THE WORKPLACE The important thing that comes out of the case law is the Employer's Policy on Alcohol and Drug Consumption on or off the Workplace. The policy should be clear – firstly, zero tolerance. Do not allow for limits in your policy. Secondly, the policy must stipulate your test procedure. For example, a breathalyser test for alcohol will be COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 WHAT DOES POPI COMPLIANCE MEAN? What does POPI compliance mean? By Jan du Toit Latest developments – Registration of Information Officers: On 17 May 2021 the Information Regulator’s long awaited online portal went live for the registration of Information and Deputy Information Officers.POOR PERFORMANCE
Poor Performance results in investigation, counseling, meeting and discussion with the employee, training and so on, before dismissal is even contemplated. The procedures for handling poor performance are completely different from the procedures for handling misconduct. Performance is all about how the employee does the job – i.e.quality .
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA In terms of s186 (1) (d) of the Labour Relations Act, where an employer, who has dismissed a number of employees for the same or similar reasons, offers re-employment to one or more of the previously dismissed employees but refuses to re-employ another, such refusal shall constitute a dismissal. The above scenario is referred to asselective re
RESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in anyUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16VERBAL WARNING
Disciplinary Measure. In view of the offence described above, this serves as a verbal warning and will be valid for 3 months. Should you be found guilty of a further similar offence whilst this warning is in force (date), the disciplinary action then imposed will be affected bythis warning.
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA In terms of s186 (1) (d) of the Labour Relations Act, where an employer, who has dismissed a number of employees for the same or similar reasons, offers re-employment to one or more of the previously dismissed employees but refuses to re-employ another, such refusal shall constitute a dismissal. The above scenario is referred to asselective re
RESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in anyUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16VERBAL WARNING
Disciplinary Measure. In view of the offence described above, this serves as a verbal warning and will be valid for 3 months. Should you be found guilty of a further similar offence whilst this warning is in force (date), the disciplinary action then imposed will be affected bythis warning.
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the POOR WORK PERFORMANCE POOR WORK PERFORMANCE CCMA-I803 2018 01 ©CCMA Info Sheet: 3.5E Info sheet CCMA Poor Work Performance Info Sheet 2018 FINAL For more information, contact the CCMA Call Centre on 0861 16 16 16 or visit our website on www.ccma.org.zaVERBAL WARNING
Disciplinary Measure. In view of the offence described above, this serves as a verbal warning and will be valid for 3 months. Should you be found guilty of a further similar offence whilst this warning is in force (date), the disciplinary action then imposed will be affected bythis warning.
COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 MANAGING CONFLICT IN THE WORKPLACE Identify the problem. Find out what the source of the conflict is and in what stage the conflict is in. The aim is to try to get involved as soon as possible. 2. Give both sides a voice. Arrange for a meeting and make sure that there is a mutual airing of differences, complaints, and negative feelings. PROBATION | LABOUR GUIDE The guideline document is the Code of Good Practice – Dismissal, contained in Schedule 8 to the Labour Relations Act. This document states as follows: (1) A newly hired employee may be placed on probation for a period that is reasonable given the circumstances of the job. The period should be determined by the nature of the job, andthe time
FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions.RELIGIOUS HOLIDAYS
Religious Holidays | Labour Guide. As is usual at this time of the year, the subject of religious holidays springs to the forefront, and this happens especially in light of the fact of the extended shopping hours which now seem to be the norm. Trading in the retail industry has become a 24/7 trading hours industry, and practically every typeof
RESCISSION AND REVIEW rescission and review ccma info sheet: rescission and review for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Key Points - Newly hired employees may be placed on probation to determine their suitability.- The probation period may be extended but employers must be careful in this regard since the employee may refer this to the CCMA as an unfair labour practice.The employer will have to be able to justify its decision.- Employees on probation are bound to the same rules and disciplinary procedures asUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of aRESIGNATIONS
Get instant access to our free weekly newsletter * First Name: * Your Email Address: Resignations – The Basics Jan du Toit For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may ar YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Incapacity - when the work does not get done By Judith Griessel, Griessel Consulting Employers are often frustrated by employees who don't seem to cope and who do not pull their weight operationally. This could lead to resentment by co-workers and reputational embarrassment. The problem will no YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA All for one and one for all: The consequences of selective re-employment following dismissal By Gavin Stansfield, Director and Siyabonga Tembe, Associate, Employment, Cliffe Dekker Hofmeyr Re-employing a dismissed or terminated employee can have unintended consequences, especially when theVERBAL WARNING
Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411 Peraldo : or Hanlie: PREPARATION IS ESSENTIAL IN ARBITRATION CASES Ivan Israelstam Employers and employees very frequently lose their CCMA cases because they fail to bring proof of their allegations to the arbitration hearing. In the days when I arbitrated CCMA matters, parties argued their cases before me very vehemently, passionately and in great detail but of FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. MITIGATING CIRCUMSTANCES AND DISMISSAL AS AN APPROPRIATE Mitigating circumstances and dismissal as an appropriate sanction. Jan du Toit. Many employers still find themselves in hot water at the CCMA or in the labour court for failing to give due consideration to circumstances raised in mitigation by employees before deciding on an appropriate sanction. Schedule 8 of the Labour Relations Act indicates that a dismissal is unfair if it is not affected YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Key Points - Newly hired employees may be placed on probation to determine their suitability.- The probation period may be extended but employers must be careful in this regard since the employee may refer this to the CCMA as an unfair labour practice.The employer will have to be able to justify its decision.- Employees on probation are bound to the same rules and disciplinary procedures asUNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of aRESIGNATIONS
Get instant access to our free weekly newsletter * First Name: * Your Email Address: Resignations – The Basics Jan du Toit For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may ar YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Incapacity - when the work does not get done By Judith Griessel, Griessel Consulting Employers are often frustrated by employees who don't seem to cope and who do not pull their weight operationally. This could lead to resentment by co-workers and reputational embarrassment. The problem will no YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA All for one and one for all: The consequences of selective re-employment following dismissal By Gavin Stansfield, Director and Siyabonga Tembe, Associate, Employment, Cliffe Dekker Hofmeyr Re-employing a dismissed or terminated employee can have unintended consequences, especially when theVERBAL WARNING
Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411 Peraldo : or Hanlie: PREPARATION IS ESSENTIAL IN ARBITRATION CASES Ivan Israelstam Employers and employees very frequently lose their CCMA cases because they fail to bring proof of their allegations to the arbitration hearing. In the days when I arbitrated CCMA matters, parties argued their cases before me very vehemently, passionately and in great detail but of FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. MITIGATING CIRCUMSTANCES AND DISMISSAL AS AN APPROPRIATE Mitigating circumstances and dismissal as an appropriate sanction. Jan du Toit. Many employers still find themselves in hot water at the CCMA or in the labour court for failing to give due consideration to circumstances raised in mitigation by employees before deciding on an appropriate sanction. Schedule 8 of the Labour Relations Act indicates that a dismissal is unfair if it is not affected YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Provided by the Commission for Conciliation, Mediation and Arbitration (CCMA) By Sarah Modise Substance abuse in the workplace may, in many cases, be found to be a dismissible offence. Although this can be viewed to be an individual's problem, it can also affect an employee'sperformance at wor
RESIGNATIONS
Get instant access to our free weekly newsletter * First Name: * Your Email Address: Resignations – The Basics Jan du Toit For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may ar YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the POOR WORK PERFORMANCE POOR WORK PERFORMANCE CCMA-I803 2018 01 ©CCMA Info Sheet: 3.5E Info sheet CCMA Poor Work Performance Info Sheet 2018 FINAL For more information, contact the CCMA Call Centre on 0861 16 16 16 or visit our website on www.ccma.org.za H&S BASIC LEGAL APPOINTMENT LETTERS (DOWNLOADS) Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411 Peraldo : or Hanlie: EVIDENCE IN DISCIPLINARY HEARINGS We receive numerous enquiries on our Internet advice facility regarding the admissibility of things like tape recordings as evidence, or the admissibility of written statements without the deponent being present. Such instances are regarded as hearsay evidence, and generally such evidence is not FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions.RELIGIOUS HOLIDAYS
As is usual at this time of the year, the subject of religious holidays springs to the forefront, and this happens especially in light of the fact of the extended shopping hours which now seem to be the norm. Trading in the retail industry has become a 24/7 trading hours industry, and pract COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo :RESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
MITIGATING CIRCUMSTANCES AND DISMISSAL AS AN APPROPRIATE Mitigating circumstances and dismissal as an appropriate sanction. Jan du Toit. Many employers still find themselves in hot water at the CCMA or in the labour court for failing to give due consideration to circumstances raised in mitigation by employees before deciding on an appropriate sanction. Schedule 8 of the Labour Relations Act indicates that a dismissal is unfair if it is not affected YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA In terms of s186 (1) (d) of the Labour Relations Act, where an employer, who has dismissed a number of employees for the same or similar reasons, offers re-employment to one or more of the previously dismissed employees but refuses to re-employ another, such refusal shall constitute a dismissal. The above scenario is referred to asselective re
UNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DISMISSAL AS AN APPROPRIATE PENALTY FOR It is not always easy for the Chairperson of a disciplinary hearing to conclude that dismissal may be an appropriate sanction in an act of misconduct. Indeed, it is not a quick decision, and is not a decision to be taken lightly. In Komane v Fedsure Life, it was noted that "fair" is defined in the COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16RELIGIOUS HOLIDAYS
Religious Holidays | Labour Guide. As is usual at this time of the year, the subject of religious holidays springs to the forefront, and this happens especially in light of the fact of the extended shopping hours which now seem to be the norm. Trading in the retail industry has become a 24/7 trading hours industry, and practically every typeof
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo :RESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
MITIGATING CIRCUMSTANCES AND DISMISSAL AS AN APPROPRIATE Mitigating circumstances and dismissal as an appropriate sanction. Jan du Toit. Many employers still find themselves in hot water at the CCMA or in the labour court for failing to give due consideration to circumstances raised in mitigation by employees before deciding on an appropriate sanction. Schedule 8 of the Labour Relations Act indicates that a dismissal is unfair if it is not affected YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA In terms of s186 (1) (d) of the Labour Relations Act, where an employer, who has dismissed a number of employees for the same or similar reasons, offers re-employment to one or more of the previously dismissed employees but refuses to re-employ another, such refusal shall constitute a dismissal. The above scenario is referred to asselective re
UNILATERAL CHANGES
Unilateral Changes to Terms and Conditions of Employment. A complaint that often arises from employees is that the employer has made some or other unilateral change to the original terms and conditions of employment. The change made may be in the form of a sudden reduction in salary for some or other reason, changes to commission structure ora
DISMISSAL AS AN APPROPRIATE PENALTY FOR It is not always easy for the Chairperson of a disciplinary hearing to conclude that dismissal may be an appropriate sanction in an act of misconduct. Indeed, it is not a quick decision, and is not a decision to be taken lightly. In Komane v Fedsure Life, it was noted that "fair" is defined in the COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16RELIGIOUS HOLIDAYS
Religious Holidays | Labour Guide. As is usual at this time of the year, the subject of religious holidays springs to the forefront, and this happens especially in light of the fact of the extended shopping hours which now seem to be the norm. Trading in the retail industry has become a 24/7 trading hours industry, and practically every typeof
THE DISCIPLINARY HEARING The Chairman could save time by recording the following details in advance of the commencement of proceedings: . The date, time and venue of the hearing. The names of the participants. The role each is to play. Record receipt of a copy of the Notice of Disciplinary Hearing. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA A Responsible Party can either be a public body, private body or any other person or persons, domiciled in South Africa and that determines the purpose and means for processing of Personal Information. Throughout the entire lifecycle of Personal Information in anyRESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
COLLECTIVE AGREEMENTS 1 collective agreements ccma info sheet: collective agreements(1) for more information contact the ccma operations & information department on (011) 377-6650 or the call centre on 0861 16 16 16 THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
EVIDENCE IN DISCIPLINARY HEARINGS Towards the end of the disciplinary hearing, the complainant or initiator applied to admit into evidence a tape recording on which an employee had confessed and implicated the applicants. Although they were objections by the union representative, the presiding officer admitted the tape recording and the applicants were dismissed. WITNESSES A CRITICAL PART OF YOUR LABOUR LAW CASE Due to the fact that witnesses are the most crucial means of winning a case at arbitration and, at the same time, the most difficult evidentiary element to control, any party at arbitration should use the services of a labour law expert to: Work out which witnesses will be used to validate which documents and other evidence. FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theEMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatio CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA the employee has committed misconduct. the employer wants to make space for a brother, friend or cousin of the owner. the employee ‘does not fit in’. a manager ‘does not like the employee’s face’. In fact the labour law meaning of ‘probation’ is ‘testing the employee’s work performance’. That is, the onlylegitimate purpose
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theEMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatio CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. FORMULATION OF CHARGES Formulation of Charges. By Nicolene Erasmus Deciding on the charges Introduction Many employers have a comprehensive disciplinary code and procedure which provides for a whole array of different transgressions and proposed sanctions. INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES AND Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of the PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatioRESIGNATIONS
For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may arise. Let us first look at notice periods as described in the Basic Conditions of Employment Act – section 37. b) two weeks, if the employee has been employed for more than six months but not more thanone year;
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA By Jan du Toit, Senior Consultant, SA Labour Guide. After more than seven years in the making, President Ramaphosa announced last year an effective date of 1 July 2020 for the Protection of Personal Information Act (POPI), Act 4 of 2013. “Responsible Parties” only have approximately 5 months left until 30 June 2021 to becomecompliant in full.
EMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. OVERTIME IN PRACTICE Overtime in practice. By Nicolene Erasmus Under section 10(2) of the Basic Conditions of Employment Act (BCEA) it is mandatory to make overtime payment to an employee who earns less than the threshold of R205 433.30 per annum and who works overtime.Employees who were previously excluded, but now earn below the new threshold are automatically entitled to be paid overtime. THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
PREPARATION IS ESSENTIAL IN ARBITRATION CASES Learn from the labour law expert how to anticipate what evidence your opponent is likely to bring and how to counteract it. Ivan Israelstam, chief executive of Labour Law Management Consulting. He can be contacted on 011-888-7944 or 082-852-2973 or e-mail. labourlaw@absamail.co.za. NIGHT WORK | LABOUR GUIDE Night Work By André Claassen Basic Conditions of Employment Act Section 17: Night work (1.) In this section, “night work” means work performed after 18:00 and before 06:00 the next day. (2.) An employer may only require or permit an employee to perform night work,if so a
EVIDENCE IN DISCIPLINARY HEARINGS Towards the end of the disciplinary hearing, the complainant or initiator applied to admit into evidence a tape recording on which an employee had confessed and implicated the applicants. Although they were objections by the union representative, the presiding officer admitted the tape recording and the applicants were dismissed. YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Key Points - Newly hired employees may be placed on probation to determine their suitability.- The probation period may be extended but employers must be careful in this regard since the employee may refer this to the CCMA as an unfair labour practice.The employer will have to be able to justify its decision.- Employees on probation are bound to the same rules and disciplinary procedures as YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Deductions for damage or loss Jan du Toit The other day I stumbled across the Department of Labour’s (DoL) guide to deductions from employees’ remuneration with the following explanation: “Deductions for Damage or Loss Deductions for damage or loss caused by the worker may only be made i YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theEMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. NEW AMENDMENTS ON THE LABOUR RELATIONS ACT AND THE BASIC New amendments on the Labour Relations Act and the Basic Conditions of Employment Act . The Minister of Labour submitted amendment bills for the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) to the Cabinet Committee on Wednesday 14th March 2012.. On Tuesday, 20th March 2012, Cabinet approved the submission of these Bills to Parliament where they MITIGATING CIRCUMSTANCES AND DISMISSAL AS AN APPROPRIATE Mitigating circumstances and dismissal as an appropriate sanction. Jan du Toit. Many employers still find themselves in hot water at the CCMA or in the labour court for failing to give due consideration to circumstances raised in mitigation by employees before deciding on an appropriate sanction. Schedule 8 of the Labour Relations Act indicates that a dismissal is unfair if it is not affected THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES ANDWORKERS COMPENSATION ASSESSMENT RATEWORKERS COMPENSATION ASSESSMENT RATE Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Contact Details : Training courses, seminars Labour Law and IR Related Workshops (012) 661 3208 (012) 661 1411Peraldo : YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Key Points - Newly hired employees may be placed on probation to determine their suitability.- The probation period may be extended but employers must be careful in this regard since the employee may refer this to the CCMA as an unfair labour practice.The employer will have to be able to justify its decision.- Employees on probation are bound to the same rules and disciplinary procedures as YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Deductions for damage or loss Jan du Toit The other day I stumbled across the Department of Labour’s (DoL) guide to deductions from employees’ remuneration with the following explanation: “Deductions for Damage or Loss Deductions for damage or loss caused by the worker may only be made i YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theEMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. NEW AMENDMENTS ON THE LABOUR RELATIONS ACT AND THE BASIC New amendments on the Labour Relations Act and the Basic Conditions of Employment Act . The Minister of Labour submitted amendment bills for the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA) to the Cabinet Committee on Wednesday 14th March 2012.. On Tuesday, 20th March 2012, Cabinet approved the submission of these Bills to Parliament where they MITIGATING CIRCUMSTANCES AND DISMISSAL AS AN APPROPRIATE Mitigating circumstances and dismissal as an appropriate sanction. Jan du Toit. Many employers still find themselves in hot water at the CCMA or in the labour court for failing to give due consideration to circumstances raised in mitigation by employees before deciding on an appropriate sanction. Schedule 8 of the Labour Relations Act indicates that a dismissal is unfair if it is not affected THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
CODE OF GOOD PRACTICE: DISMISSAL Comment : Section 188 states : a dismissal that is not automatically unfair (in terms of section 187) is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance INDUSTRY CLASSIFICATIONS, CLASSES, SUBCLASSES ANDWORKERS COMPENSATION ASSESSMENT RATEWORKERS COMPENSATION ASSESSMENT RATE Industry Classifications, Classes, Subclasses and Assessment Tariffs – Compensation Fund . 1. INDUSTRIAL RATINGS. 2. FOR RATING PURPOSES.3. EACH CLASS TO
YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Deductions for damage or loss. Jan du Toit The other day I stumbled across the Department of Labour’s (DoL) guide to deductions from employees’ remuneration with the following explanation: “Deductions for Damage or Loss. Deductions for damage or loss caused by the worker may only be made if– YOUR GUIDE TO LABOUR LAW IN SOUTH AFRICA Unsigned employment contracts, what to do. Jan du Toit Contrary to popular believe there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations Act where we will see the deletion of theRESIGNATIONS
Get instant access to our free weekly newsletter * First Name: * Your Email Address: Resignations – The Basics Jan du Toit For some reason employers and employees are still extremely confused when it comes to resignations and the subsequent issues that may ar PROBATION | LABOUR GUIDE Probation By Judith Griessel, Griessel Consulting Probation is still alive and well – and it is legal, contrary to what some apparently believe. A probationary clause in the employment contract, and not a fixed term contract, is the appropriate way to “try out” a new employee. A probatioEMPLOYEES RIGHTS.
On a regular basis, I receive e-mails from employees asking the question “What are my rights ?” I also receive similar enquiries from employers – asking what the employee’s rights are. Employees have certain general rights. These may not necessarily be entrenched in labour law, but come from basic human rights issues, the Constitution, common law and in some case, from legislation. COVID-19 RISK ASSESSMENT TEMPLATE NO 1 2 3 4 5 6 7 8 9 10 NOT ACCEPTA- BLE RISK Other participant names: Siignature Risk assessment prepared by Risk assessment trained person: Siignature Siignature POLYGRAPHS | LABOUR GUIDE Polygraph TestingProvided by the Commission for Conciliation, Mediation and Arbitration (CCMA) WHAT IS POLYGRAPH TEST It is a test used to verify a person's truthfulness and is often called a 'Lie Detector Test.' IS THERE ANY LAW CONTROLLING USE OF POLYGRAPH IN SOUTH AFRICA Polygraph testing is OVERTIME IN PRACTICE Overtime in practice. By Nicolene Erasmus Under section 10(2) of the Basic Conditions of Employment Act (BCEA) it is mandatory to make overtime payment to an employee who earns less than the threshold of R205 433.30 per annum and who works overtime.Employees who were previously excluded, but now earn below the new threshold are automatically entitled to be paid overtime. THE ESTABLISHMENT OF HEALTH AND SAFETY COMMITTEES FOR THE Tinus Boshoff The Occupational Health and Safety Act (Act 85 of 1993) is based on the principle that work related hazards, risk and dangers should be addressed by good communication and cooperation between management and employees. The act promotes a culture of health andsafety that inc
EVIDENCE IN DISCIPLINARY HEARINGS We receive numerous enquiries on our Internet advice facility regarding the admissibility of things like tape recordings as evidence, or the admissibility of written statements without the deponent being present. Such instances are regarded as hearsay evidence, and generally such evidence is notHome
* CCMA Information
* Discipline and Dismissal * Conditions of Employment* Health and Safety
* Most Recent PublicationsO-Sense Share
* Home
* Downloads
* Poor Performance
* Employment Equity
* Coid
* UIF
* B-BBEE
* Up-to-date Safety News* FAQ
* Contact Us
* CCMA Information
* Discipline and Dismissal * Conditions of Employment* Health and Safety
* Most Recent PublicationsSearch
The impact of the Coronavirus in the Workplace Courses and Workshops* 0
* 1
Latest News Most recent publications, including Case Law Summaries and Articles from some of the leading Law Firms in South Africa How to deal with Retrenchments Click here to watch the DVD Health and Safety The Occupational Health and Safety Act, Act 85 of 1993, requires the employer to provide and maintain as far as reasonable and practical a work environment that is safe and without risk to the health of employees. POPI AND CONSENT - DON’T GET CAUGHT IN YOUR OWN NET BY GILLIAN LUMB, DIRECTOR, KARA MEIRING, CANDIDATE ATTORNEY, CLIFFEDEKKER HOFMEYR
2020 has given rise to many challenges for employers. The Protection of Personal Information Act 4 of 2013 (POPI) poses yet another challenge. Employers have a grace period of one year as of 1 July 2020 within which to ensure their compliance with POPI. POPI distinguishes between the collection, storage and processing of personal information and special person information. Special personal information includes e.g. an employee’s race or ethnic origin, health or sex life, religious or philosophical beliefs and trade union membership. Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special personal information of its employees. It is crucial for employers to understand the meaning and interpretation of consent within the context of POPI. While employers may hope for a “_quick fix_” to ensure compliance and trust that including a broad, “_catch all_” consent in employees’ contracts of employment will be suffice – this may not prove to be adequate in every instance. A general consent may be sufficient to cover some of the personal information that will be processed during the course of an employee’s employment, however employers should be aware of the risks associated with relying on blanket consents in every instance. Section 1 of POPI defines consent as “_any voluntary, specific and informed expression of will in terms of which permission if given for the processing of personal information_”. Written consent is not expressly required. However, it will be for the employer in its capacity as responsible party to show that it has secured an employee’s consent where it is relying on consent. In the circumstances it is advisable for employees’ written consent to besecured.
The requirement that consent be voluntary, specific and informed means that there should not be any pressure or force placed on an employee to consent. The employee should also be sufficiently aware of the content of the processing given the requirement that the consent isinformed.
The Information Regulator has yet to give guidance on the interpretation of consent in terms of POP. In all likelihood it will have regard to the General Data Protection Regulation 2016/679 (GDPR) which requires that the consent is unambiguous and must be given by a clear affirmative act. It may well be that the Information Regulator interprets consent restrictively in keeping with the GDPR. In the circumstances clauses relating to the processing of personal information in employees’ contracts of employment which are aimed at securing employees’ consent to the processing, should at minimum set out the nature and scope of the personal information that is to be processed, the reason for the processing, consent to further processing, consent to collection from a source other than the employee and consent to the transfer of the information. The employees must be able to understand in clear language what they are consenting and the extent of the consent. Where necessary provisions should also be made specifically for the processing of special personalinformation.
Employers should bear in mind that POPI does not demand consent in every instance and that processing may take place without consent where e.g. the processing is required in terms of law, or for the purposes of protecting a legitimate interest of the employee. Employers will need to determine on a case by case basis whether the processing which they wish to conduct falls within the scope of the consent which they may have secured from an employee in his or her contract of employment or whether they will need to rely on one of the other basis set out in POPI. Both special and general personal information may be processed lawfully if the processing is necessary for the “_establishment, exercise or defence of a right or obligation in law_”. This would cover instances where e.g. an employer processes employees’ personal information to comply with its obligations under the Employment EquityAct.
An employer can process general personal information without an employee’s consent where such processing either protects a legitimate interest of the employee, or is “_necessary for pursuing the legitimate interest of the responsible party or of a third party to whom it is supplied_”. While the term “_legitimate interest_” is not defined in POPI, it is likely that the Information Regulator will seek guidance from the GDPR in this regard. The GDPR has established a three-pronged test in interpreting “_legitimate interest_” which considers purpose, necessity, and balance. It first asks, “Is there a legitimate reason or purpose for the processions?”, secondly “_Is processing the information necessary for that purpose”_ and thirdly “_Is the legitimate interest overridden by the interests of the data subject?_” A determination is made as to whether there is a “_legitimate interest_” for the purposes of processing personal information based on the answers to these three questions. So as not to fall foul of the provisions of POPI it is recommended that employers develop internal policies that will assist them in determining whether in each instance, personal information to be processed is covered by the general consent clause in an employee’s contract of employment alternatively, by one of the other basis for lawful processing. In the absence thereof, the employer will need to prepare and secure a further consent from the employee. FOR MORE INFORMATION, PLEASE CONTACT GILLIAN LUMB AT GILLIAN.LUMB@CDHLEGAL.COM ARTICLE PUBLISHED WITH THE KIND COURTESY OF CLIFFE DEKKER HOFMEYR WWW.CLIFFEDEKKERHOFMEYR.COM COURSES AND WORKSHOPS THE OHS ACT AND THE RESPONSIBILITIES OF MANAGEMENT 03 DECEMBER 2020 (08:30 – 16:00) Interactive Online CourseOUR CLIENTS
CONTACT DETAILS : TRAINING COURSES, SEMINARS Labour Law and IR Related Workshops (012) 661 3208 Peraldo : psenekal@labourguide.co.za or Hanlie: hanlie@labourguide.co.za Manager: Susan Brits susan@labourguide.co.za CONTACT DETAILS HEALTH AND SAFETY Health and Safety Related Workshops Phone : (012) 666 8284 Deidre : deidre@labourguide.co.za Manager: Tinus Boshoff tinus@labourguide.co.za Copyright © 2020. Labour Guide. All Rights Reserved.Desktop Version
The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer download hereDetails
Copyright © 2024 ArchiveBay.com. All rights reserved. Terms of Use | Privacy Policy | DMCA | 2021 | Feedback | Advertising | RSS 2.0