Get the services of an experienced IR person who will ensure that your company complies with labour laws, avoiding the most common pitfalls. Allow us to guide you through some of the complicated IR processes.
No, in terms of the Labour Relations Act no 66 of 1995, a dismissal (no matter if it is summary or with notice) must be procedurally and substantively fair.
Yes, in terms of clause 34(5)(a), if the company has made an error calculating the employee's remuneration and this resulted in an overpayment, then the company can request repayment of the overpayment amount.
This depends on the matter that they are referring to the CCMA. For dismissal the employee has thirty (30) days from date of dismissal to refer the matter, for matters relating to unfair labour practises, the employee has ninety (90) days from date of occurrence of the incident to refer the matter.
It is dependent on the industry you operate in, if the BCEA is applicable then an Employee will be entitled paid sick days equal to the amount of normal worked days in a six (06) week period as per clause 22(2).
If the BCEA only is applicable then the employee can work a maximum of ten (10) hours overtime in the week and no more than three (03) overtime hours a day.
An employee is entitled to one continuous hour for lunch unless the time has been by agreement reduced to no less than half an hour.
Any parent of a child is entitled to ten (10) consecutive days.
The UIF Act states that as soon as an employee regardless of the nature (permanent, causal etc) works more than 24 hours a month