Labour

An overview on dealing with deserting employees

An overview on dealing with deserting employees

Employers are often faced with situations where employees are absent from the workplace for long periods. It is important to follow a proper procedure to deal with these situations. Here are some tips on what you need to know when dealing with the desertion of employees: There is a duty on an employer to contact an employee who does not report for duty to establish his/her whereabouts. This should be done from the first day of absence. Employers should keep a record of all the attempts made...

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Did You Know? – There are new laws applicable to your staff if you own a hospitality establishment called the Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades, replacing the Hospitality Sectoral determination.

Did You Know? – There are new laws applicable to your staff if you own a hospitality establishment called the Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades, replacing the Hospitality Sectoral determination.

This will be effective from 18 January 2021. The sectors covered by the new Main Agreements rules are places like a “Tearoom, Restaurant, Catering, Coffee Shop, Pub, Tavern, Roadhouse, Cafe, Snack Bar, Fast-Food Outlet, Convenience Store, Industrial or Commercial Caterer, function Caterer, Contract Caterer, Catering and associated activities.” Some significant changes are that there are compulsory bonuses. Employees on probation can be remunerated 10% less than the prescribed hourly wage. And...

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Is dismissal always the appropriate sanction in cases of a first offence for dishonesty?

Is dismissal always the appropriate sanction in cases of a first offence for dishonesty?

In Nedcor Bank Ltd v Frank & others (2002) 23 ILJ 1243 (LAC), the Labour Appeal Court held that dishonesty entails a lack of integrity, particularly willingness to steal, cheat, lie or act fraudulently. The LAC warned that it should not be used as a loose term towards employees in any circumstances. Item 3(4) of Schedule 8 of Labour Relations Act (LRA), Code of Good Practice: Dismissal states that it is not appropriate to dismiss an employee for a first offence, except if the misconduct is...

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FAQ – What is the impact of the new Bargaining Council for the Fast-Food Restaurant Catering and Allied Trades?

FAQ – What is the impact of the new Bargaining Council for the Fast-Food Restaurant Catering and Allied Trades?

The new Bargaining Council (BC) came into effect on 18 January 2021. This Main Agreement will affect most Employers who previously fell under the Hospitality Sectoral Determination. (With some exceptions). This Council now establishes higher minimum wages and benefits and improved working conditions for employees engaged in the industry. Some noticeable changes are: • The introduction of a night shift allowance of R1.00 per hour;• A compulsory late-night travel allowance of R150 per month for...

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Episode 63: Automatic Unfair Dismissal In Terms Of Section 187(1)(c)

Episode 63: Automatic Unfair Dismissal In Terms Of Section 187(1)(c)

In this podcast, SEESA Labour law experts, Ryan King and Johan du Plessis take a closer look at the recent decision of the constitutional Court in NUMSA & Others v Aveng Trident Steel. The main issue considered by the court was whether, on a plain reading of sec 187(1)(c) a dismissal is automatically unfair for rejecting a demand that arises as a result of the employer's operational requirements. They discuss how this ruling can assist employers when they need to change employee's working...

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TERS Scheme Extended Until 15 March 2021

TERS Scheme Extended Until 15 March 2021

Speaking during his state of the nation address on Thursday, the President announced the extension of the temporary employer/employee relief scheme (TERS) until 15 March 2021. It should be noted that the extension will only be for those sectors that have not been able to operate. The conditions of the extension and specifications around which sectors will be announced later when consultations are concluded at NEDLAC. SEESA will follow this extension closely and will make an update of any new...

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Disclosure of salaries – lawful or not?

Disclosure of salaries – lawful or not?

With the lockdown enforced upon employers, a rising concern was that employees making statements to one another about certain payments received or not. This raises the question; can an employee disclose to their fellow employees (or a trade union) what he/she had been paid? The answer is obvious – Yes. Section 78 of the Basic Conditions of Employment Act (BCEA) as amended, gives the following provisions: 78 (1) Every employee has the right to-Make a complaint to a trade union representative, a...

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Increases To The BCEA Earnings Threshold And National Minimum Wage

Increases To The BCEA Earnings Threshold And National Minimum Wage

On 08 February 2021, the Minister of Employment and Labour published increases to the earnings threshold in the Basic Conditions of Employment Act (BCEA) and the minimum wage in terms of the National Minimum Wage Act 9 of 2018 (NMWA). BCEA Earnings Threshold Section 6 (3) of the BCEA prescribes an earnings threshold above which the conditions as set out in chapter two of the BCEA, will not apply.   This threshold has been increased to R 211 596.30 per annum or R 17 633.02 per month. This...

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Shrinkage In The Workplace

Shrinkage In The Workplace

Shrinkage can be defined as the loss of inventory attributed to factors such as employee theft, shoplifting, administrative error, vendor fraud, damage, and cashier error. Employers, especially in the wholesale and retail sector, are often faced with the problem of stock shortages in the workplace. Still, they have no proof which of the employees are responsible or how to proceed with the matter. One of the first hearings I conducted years back at SEESA had to do with shrinkage/stock shortages...

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The End Of The TERS Scheme And The New Normal Going Forward

The End Of The TERS Scheme And The New Normal Going Forward

Most employers are aware of the TERS scheme that provided emergency funding since March 2020. However, this scheme has now been stopped, with the final payment period being 15 October 2020. This left still some employers and employees in the dark affected by the closure due to the COVID-19 pandemic whose working hours have been reduced or are forced to stay at home due to work stoppage. With the TERS scheme that ended, the affected employees will have to claim individually from UIF for reduced...

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