What do you do if there is reason to suspect an employee of dishonesty but you have no direct evidence? First of all, employers should ensure that their systems, policies and procedures and contracts of employment protect them as far as possible against employee dishonesty. Given the state of crime […]
Nicole van Eeden
Employers often find themselves at loggerheads with employees over the calculation of overtime. Depending upon the business requirements overtime may be necessary. The amount of overtime allowed and the calculation thereof can be quite confusing. Where Bargaining Councils are involved, the rules may be slightly different but the concept remains […]
UNDERSTANDING OVERTIME SHOULD NOT BE A WASTE OF TIME
When compiling a written warning or notification to attend a disciplinary it is extremely important that the charges are correctly formulated. Theft is a prime example: to charge the employee with “theft” is not sufficient and additional charges must be incorporated. The reason we address other things relating to the […]
Written Warnings and Dismissals
With the on-again, off-again debate regarding the unemployment statistics of our country, it’s often not easy to decipher who is to blame. Maybe if we could get accurate numbers as to how many vacancies there are versus the actual amount of unemployed people, we might just have a better understanding […]
So many jobs, so few suitable candidates!
It is important that the status of an employee be established from the beginning of the employment relationship – permanent, fixed term, temporary, and so on. The Basic Conditions of Employment Act, in section 29, provides for certain written particulars of employment to be provided as a minimum, and every […]
How Important is a Contract!
South Africans were shocked after the tragic fatal Pinetown crash that claimed 23 lives so far. The truck driver has been arrested and faces several counts of criminal charges. We know that the driver of the truck is not the owner of the truck and in fact he is an […]
VICARIOUS LIABILITY
Many employers have found themselves in difficult situations where the employee fails to report for duty and the employer does not know of his / her whereabouts or the reason for the absence. It will be easy for the employer to deem the contract of employment terminated and as a […]
TERMINATION OF EMPLOYMENT BY ABSCONDING
The following are some of the things that the inspectors from the Department will look out for: *Are you registered with the compensation fund? *Are you registered with the unemployment insurance Act? *Do you have a copy of the Occupational Health and Safety Act and the relevant regulations on the […]