Labour Law Blog

DOMESTIC WORKER MINIMUM WAGE INCREASES FROM

DOMESTIC WORKER MINIMUM WAGE INCREASES FROM 1 DECEMBER 2012 Wage Tables for the Domestic Worker Sector Table 1 Minimum wages for domestic workers who work more than 27 ordinary hours per week Area A Bergrivier Local Municipality, Breederivier Local Municipality, Buffalo City Local Municipality, Cape Agulhas Local Municipality, Cederberg Local Municipality, City of Cape Town, City of Johannesburg Metropolitan Municipality, City of Tshwane Metropolitan Municipality, Drakenstein Local Municipality, Ekurhulen Metropolitan […]

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DISMISSAL MAY NOT AUTOMATICALLY FOLLOW INCARCERATION

Dismissal may not automatically follow incarceration The arrest and imprisonment of an employee presents employer’s with significant challenges in that the employee is incarcerated and absent from work. It is possible that the employee is granted bail and returns to work relatively and quickly. A different challenge faces employers, however, when bail cannot be raised or is not granted. The employer clearly faces operational challenges in the light of the […]

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CONSISTENCY KEY IN WORKPLACE ISSUES

Resolving Workplace Issues: Consistency can be achieved by employers adhering to the following key principles: 1. An employer may not suddenly discipline for an act which was overlooked in the past. There is, however, nothing wrong with an employer becoming stricter with regard to certain issues, as long as employees are properly informed of the employer’s intentions in this regard. 2. All employees guilty of a breach of company rules […]

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A Guide to assist a chairperson at a Disciplinary Enquiry

A guide for chairing a disciplinary hearing: 1 Welcome all present. 2. Introduce yourself and any other participants unknown to each other. 3. State the purpose of the enquiry : 4. Ask the employee if he/she understands his/her rights as explained in the Notice of Disciplinary Enquiry.If the answer is in the negative, go through his/her rights with him/her. 5. Ask if he/she has a representative present and record the […]

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DISCIPLINE APPROPRIATE ONLY WHERE MISCONDUCT IS PROVED

Employers all too often initiate a disciplinary procedure without first establishing that they are faced with a case of misconduct. For it is only cases of misconduct that can be dealt with by way of a disciplinary hearing procedure. It follows that one will never know for sure whether a disciplinary process is in fact the correct process to follow in any given set of circumstances, unless a prior assessment […]

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REVISED CODE TO GUIDE EMPLOYERS ON HIV IN WORKPLACE

On June 15 the minister of labour issued a revised Code of Good Practice on HIV and Aids and the World of Work, which amends the Code of Good Practice on Key Aspects of HIV and Aids and Employment to align it to the International Labour Organisation’s recommendations. The primary objective of the code is to provide guidelines to help employers develop workplace policies and programmes eliminating unfair discrimination, promoting […]

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When Employers Can Act on Off-Duty Misconduct

Off-Duty Misconduct Employers can discipline employees for off-duty misconduct or non-work-related conduct depends on various factors. The employer must show that the impact and consequences of such conduct negatively affect the business or its reputation and employment relationship. Employees should appreciate that their after-hours conduct can negatively affect the relationship with their employers. Employers faced with questionable conduct of employees should establish that there is a link between the conduct […]

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CCMA: DEFAULT ARBITRATION AWARDS

The CCMA makes numerous default arbitration awards daily, on grounds that the employer was not present at an arbitration hearing which it had apparently been timeously and properly notified of. There are many reasons an employer may not appear at an arbitration hearing. For example, the employee may have furnished the CCMA with the employer’s incorrect address and/or fax number. An employer faced with a default arbitration award would normally […]

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EMPLOYERS WARNED TO WATCH COSTS AS EARNINGS THRESHOLD IS INCREASED

The Basic Conditions of Employment Act (BCEA) increases by 6.4 percent from 01 July 2012. Employers need to review their contracts of employment or they may unintentionally grant their employees contractual rights over and above the statutory ones. The earnings threshold is to increase from R172, 000.00 a year to R183, 000.00 a year. The earnings threshold in act operates to exclude employees earning above the threshold from certain BCEA […]

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The Youth Wage Subsidy

The Youth Wage subsidy is an amount to be paid towards the wages or salary of first-time workers. The subsidy is being discussed at the National Economic Development and Labour Council (Nedlac). The council includes labour, business and government and the DA says Cosatu is blocking approval. It is thought the subsidy could provide jobs to almost 500.00 youth. Youth Wage Subsidy: Target group: Eligible to all 18-year-old South Africans […]

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