Labour Law Blog

EXIT INTERVIEW

An exit interview is also referred to as a termination interview, separation interview or post-exit questionnaire. An exit interview is usually conducted under termination circumstances such as resignation. An exit interview is a way in which the employer gathers valuable information as to why the employee leaves the company. It is the employee’s choice whether or not to participate in an exit interview. Reasons why an employee should participate in […]

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How to handle long absences from work

Employees are sometimes absent from work for extended periods, at times without explanations but also for reasons of which the employer is aware. The extended absence from work may provide the employer with a reason to terminate the contract of employment but that is not automatically the case. The employer must ensure that prior to contemplating dismissing the employee, there is a good reason / reasons to go ahead with […]

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INCAPACITY ON THE GROUNDS OF TEMPORARY ILL HEALTH OR INJURY

INCAPACITY ON THE GROUNDS OF TEMPORARY ILL HEALTH OR INJURY 1. The Basic Conditions of Employment gives all employees, who work 5 days per week, 30 days’ paid sick leave in each 3 year cycle. Once the employee’s sick leave entitlement has been exhausted, the employer is no longer obliged to pay the employee for any future absences of sick leave within the 3 year cycle. 2. The employer has […]

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Domestic Workers Rights

WHAT ARE YOUR DOMESTIC WORKERS RIGHTS All Domestic workers have rights under the Constitution of South Africa and its labour code of practice. Cape Labour has provided you with a brief description of domestic workers rights in South Africa. On 1 September 2002, the Sectoral Determination 7: Domestic Worker Sector became effective. The Sectoral Determination applies to the employment of all domestic workers in the Republic of South Africa and established […]

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UNDERSTANDING THE PROCESSES OF THE CCMA

UNDERSTANDING THE PROCESSES OF THE CCMA (Commission for Conciliation, Mediation and Arbitration) 1. The first process that is conducted by the CCMA is conciliation. The conciliation hearing is a process where a Commissioner facilitates possible settlement discussions between the parties. The Commissioner does not have any powers to make decisions but may merely make recommendations regarding a settlement. The CCMA does not grant postponements of conciliation proceedings. If an employee […]

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POLYGRAPH TESTING

A polygraph test is used to verify a person’s truthfulness. Consent must be obtained in writing from the person who is to undergo a polygraph examination and this provision should be included in the contract of employment. You cannot compel a person to undergo a polygraph examination. Polygraph testing on its own is inherently unreliable and should be viewed with great circumspection. Polygraph test results should be used only in […]

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Hospitality and Travel Jobs: Labour Law Article

Hospitality and Travel Jobs: Labour Law Article Question 1: In what instances could a business such as a Golf Estate be taken to the CCMA ? An employee can take the business such as a Golf Estate to the CCMA (Commission for Conciliation, Mediation and Arbitration) in respect to an alleged unfair dismissal on the grounds of misconduct, incapacity, operational requirements, unknown reasons or for a constructive dismissal. Furthermore, an […]

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UIF – UNEMPLOYMENT INSURANCE FUND

What is the role of the Unemployment Insurance Fund? The Unemployment Insurance Fund (UIF) is part of the Government’s Social Security programme. The Fund has been established to provide short term relief to workers, subject to certain conditions, when they become unemployed, or are unable to work because of illness, maternity or adoption leave and also to provide relief to the dependants of decreased contributors. How does the Fund obtain […]

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DISMISSAL OR AGREED TERMINATION OF EMPLOYMENT

There are occasions where the employer gives the employee an opportunity to consider certain choices. Namely; 1. To request that the employee tender his/ her resignation; 2. To face possible dismissal subsequent to attending a disciplinary hearing; 3. Or to agree to the employment relationship terminating by mutual agreement. After the employee’s deliberations, 1. The employee might consider tendering his/ her resignation voluntarily. 2. Alternatively, the employee might decide to […]

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South African Labour Law Consultants

Cape Labour & Industrial Consultants, headed by Bernard Reisner, has provided Employment Law (Industrial Relations) services to employers across all market segments and industries since 1987. Cape Labour Law Consultants are service-orientated and strives to provide its clients with professional and cost effective advice, both in respect of the applicable laws and of a practical nature in order to present holistic solutions to all Labour related matters. Bernard Reisner combines […]

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