Labour Law Blog

Employer rights when employee does not give notice

The Basic Conditions of Employment Act (BCEA) stipulates that an employment contract can only be terminated on notice of not less than: One week , if the employee works for six months or less; Two weeks, if the employee works for more than six months, but not more than one year, and Four weeks if the employee- Works for one year or more; or Is a farm worker or domestic […]

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Resigning with immediate effect puts a stop to disciplinary proceedings against an employee.

If an employee resigns with immediate effect, the employer has no jurisdiction to proceed with a disciplinary hearing against the employee. The contract employment comes to an end with immediate effect and the employer loses the right to discipline and proceed with the disciplinary hearing against the employee. On the other hand, if an employee resigns with notice, in writing, and works out the notice period, the employer can discipline […]

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Definition of dereliction of duty

Dereliction of duty is a charge that refers to an intentional or conscious failure of an employee to do his/her duty. Examples of dereliction of duty include situations where the employee: Abandons an asset of the employer in a place where it is at risk. For instance, a company driver might leave the company vehicle in order to visit a friend despite being well aware that the location is a […]

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The Exit Interview

The exit interview is a voluntary, verbal interview between an employee who’s leaving your company and an HR person if the company has one. If there is no HR person, any other authorised person would conduct the interview. The interview often takes place one to two days before the employee actually leaves. What is the Purpose of the Exit Interview? The goal of this interaction is two-fold: firstly, the employee has […]

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National Minimum Wage Bill

National Minimum Wage Bill 1. Can you please explain exactly what the implementation of the Minimum Wage Bill would look like?   The implementation of the minimum wage bill has still some way to go. The National Assembly of our parliament has passed this bill, but it still has to go to the National Council of Provinces. There still needs to be some public input into this, and only after […]

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Breaking one’s fast during the holy month of Ramadan, whilst on shift at work

Several Muslim employees who work in call centres contacted me for labour law advice in regard to breaking one’s fast, whilst on shift at about 18h00. They advised me that weeks prior to Ramadan, the employees engaged with their employers to agree to take a few minutes off work to break their fast in order to consume a small snack. The employees advised me that their employers failed to wish […]

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CONTRACTOR VS EMPLOYEE

Contractor vs Employee   What are the differences between contractors and employees?   A true independent contract will be a registered provisional tax payer; will work his own hours; runs his own business; will be free to carry out work for more than one client at the same time; will invoice the client for his/her services and be paid accordingly; will not be subject to usual “employment” matters such as […]

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Pay rise for domestic workers

The new domestic worker minimum wage increase will take effect from 01 January until 30 November 2018 which means that any domestic employee who works more than 27 hours  should be paid not less than R13.05 per hour, R587.40 per week and R2 545.22 per month in major metropolitan areas (Area A). It applies to all domestic workers working in the municipalities of Cape Town.   In Area B (those not […]

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Psychological Well-Being of an Employee in the Work Place

Psychological Well-Being of an Employee Symptoms of mental illness negatively affect quality of life and inter-personal relationships in the workplace. Factors such as unattainable workloads, lack of control, poor leadership, incompetent management and hostile interpersonal interactions at work, all serve to contribute to poor psychological health. Employers have a responsibility to create conditions at work that are conducive to good psychological health, but unfortunately this is not always a responsibility […]

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