Many employers are still surprised when confronted with this question. As many employers already know, employees working five days a week are entitled to 15 working days of leave per annum. But employees working six days a week are usually entitled to 18 days of leave per annum, which surprises some employers who have been sticking to the 15 days, regardless. So in that sense, yes, there is additional days’ leave, but it suddenly becomes quite apparent when you understand why this is so....

CCMA applications are regulated by Sections 31 and 32 of the CCMA rules, and Section 191 of the Labour Relations Act determines the time frames for employees to refer disputes to the CCMA. An employee has 30 days to refer a dispute for unfair dismissal and 90 days for unfair labour practice. If an employee is late applying to the CCMA, they must submit a Condonation application. The commissioner, in deciding whether to grant the condonation, will have to determine whether good cause has been...

Regarding Schedule 8 of the Code of Good Practice on dismissals, an employer may only decide to extend an employee’s probationary period after inviting the employee to make representations and considering any representations made. Should an employer decide to extend the probationary period, the employer should advise the employee of their right to refer the matter to a Bargaining Council or the CCMA. An employee may refer an unfair labour practice dispute concerning an act or omission relating...

A client argued that his hairstylists do not fall under the definition of an employee and may only pay them commission or rent a chair fee for their services. The client provides his employees with a mirror and chair to serve their client base. He also provides hair products and equipment. Section 200A of the Labour Relations Act provides definite guidelines to define an employee as, among others, economic dependency on the employer; providing the equipment to render a service and rendering...