Employers who require employees to work on a Sunday which is a public holiday, and the following Monday, also a public holiday, are in for an expensive exercise.
The Basic Conditions of Employment Act, 75 of 1997 (“BCEA“), specifically prescribes additional payment for employees who are required to work on public holidays. If an employee works on a public holiday, he must be paid double the wage for work on that day. Employers should also take note of the fact that section 18(1) of the BCEA states that no employer may require any employee to work on a public holiday unless the employee agrees thereto. This requirement does not apply to employees who...
Unsolicited goods
What does that mean to the supplier & consumer in terms of section 21 of the consumer protection act 68 of 2008 (hereafter referred to as the act)? Unsolicited goods are goods: Delivered, after direct marketing, to a consumer where goods were left in the possession of the consumer without requiring or arranging form payment;Delivered at a date, time and place agreed upon with the consumer and the consumer rejected the delivery;Delivered in excess to what was agreed upon with the...
The very fine line between failing to comply with a lawful instruction and gross insubordination.
When considering the charge of failing to comply with a lawful instruction given from a superior the charge is self-explanatory. An instruction given from a superior is deemed as lawful and reasonable if it falls within the employment scope of the employee. This additional instruction will become an added responsibility expected of the employee. If an employee deliberately refuses to do what is expected of him by his subordinate and does not apply the necessary mind to the importance of this...
Most recent changes to Skills Development under the codes of good practice explained
On 31 May 2019 the Government Gazette was published with a number of changes pertaining to some definitions in the Codes, the Enterprise & Supplier Development Element and the Skills Development Element for Generic Entities. Regarding Skills Development, the set target of 6% for expenditure on learning programmes for Black People was reduced to 3.5% with the set weighting of 8 points to be reduced to 6 points. A new indicator on the Skills Development was introduced where a 2.5% target is...
Grievance procedure
A grievance usually involves two parties the aggrieved party, the complainant, and the party against whom the grievance is laid, the respondent. If there are more parties involved the grievance has a collective nature with the parties sharing a common grievance. A grievance can be defined as gripes or feelings of discontent or dissatisfaction held by employees relating to poor or unfair treatment whether it be perceived or actual. The purpose of the grievance procedure is aimed at promoting...
“Cold feet” could cost Consumers, but how much?
Weddings and functions have become a reasonably lucrative industry in South Africa (and the world over) with over a 150 000 marriages taking place every year according to the Consumer Goods And Services Ombud’s (CGSO) advisory note on cancellations. It is unclear statistically how many of these functions are cancelled annually but from the author’s own experience it appears to be a considerable percentage. The cancellation of wedding functions poses problems both for the wedding service...
To suspend an employee or not pending a disciplinary hearing?
Employers are often faced with the decision on whether to suspend an employee pending a disciplinary hearing or to allow the employee to work until the disciplinary hearing. This is a very important decision that must be made by the employer and may result in a CCMA referral if not carefully considered. An employer is allowed to suspend an employee pending a disciplinary hearing but such a suspension may be declared unfair and may in terms of Section 186 (2) of the Labour Relations Act...
Obtaining alternative employment for employees facing retrenchment
As a result of poor performing, economy retrenchment has become a common phenomenon in the workplace. The process is time-consuming and severance packages often cost employers an arm and a leg. Section 41(2) of the Basic Conditions of Employment Act (BCEA) determines that an employee is entitled to at least one week’s remuneration for every completed year of service. The BCEA, however, makes provision to avoid incurring the often large amounts of severance pay. Section 41(4) of the BCEA...
How to verify an unincorporated joint venture
On the 31st of May 2019 certain amendments were made to the Amended Codes of Good Practice. For the first time since the inception of the B-BBEE Codes of Good Practice, clarity was provided on how to verify unincorporated joint ventures (JV). This is a welcome inclusion in the Codes. In terms of paragraph 7 of Code Series 000, Statement 000 unincorporated JV’s are required to compile a consolidated verification certificate. In order for a verification agency to issue a consolidated...
What to do when you received a default award
A default award is an award that is given at the CCMA / Bargaining Council when a matter has been set down and the employer did not show up at the arbitration. This could be for various reasons. For example, this could be because the employer was not aware of the date of the matter as the CCMA / Bargaining Council failed to send it to the correct address or the employer missed the set down due to oversight. Every case is unique. The question that arises now is what is the next...