Author: Khumo Kodisang

Constructive dismissal FAQs

09th May 2017 LABOUR BRIEF NO. 400 Questions on which a claim for unfair constructive dismissal by an employee can stand or fall. Constructive dismissal Must an employee have been employed for a particular period of time before he or she can claim constructive dismissal? Is an employer required to deal with a grievance raised by an…

Employment Services Board (ESB) 14 & 15 March 2017

09th April 2017 LABOUR BRIEF NO. 399 Overview The newly elected Chairperson Mr Muzi Maziya presided over the two days, which were regrettably poorly attended, as the Board meeting dates were communicated at short notice, therefore a number of board members were unavailable. The Chairperson previously worked at the Department of Labour under the mentorship…

Summary of Unemployment Insurance Amendment Bill

Purpose: To amend the Unemployment Insurance Act, 2001, so as to provide for the extension of the unemployment insurance benefits to learners who are undergoing learnership training and civil servants; to adjust the accrual rate of a contributor’s entitlement to unemployment insurance benefits; to finance employment services; to extend a contributor’s entitlement to benefits under…

Media Statement: Unemployment Insurance Amendment Act

Kindly be advised that the Unemployment Insurance Amendment Bill had been passed in the NCOP on 22 November 2016. In summary, the Bill has the following aspects: ·  Increase UIF benefits from 238 to 365 days. ·  Increase maternity leave benefits to 66%, which will no longer be deducted from the mother’s unemployment insurance benefit.

How to deal with desertion!

09th November 2016 LABOUR BRIEF NO. 396 This question still baffles many employers – and not only employers, but let us say it baffles many people. The employee has “disappeared.” Up comes the question “the employee” has deserted. When am I entitled to dismiss?”

Unsigned Contracts, What to Do!

09th September 2016 LABOUR BRIEF NO. 394 Contrary to popular belief there is no requirement in terms of labour legislation that an employer and employee must enter into a written contract of employment in order for an employment relationship to exist. This is confirmed by proposed changes to section 186 (1) (a) of the Labour Relations…

Courts Getting Stricter on Retrenchments

09th August 2016 LABOUR BRIEF NO. 393 When presiding over unfair retrenchment cases our courts have started to look much more closely than before at: • The circumstances of each case and • Whether there could have been some way of saving jobs • Whether the employer tried hard enough to save jobs.

Can you retrench a fixed-term employee?

06th July 2016 LABOUR BRIEF NO. 392 As an employer, you know you have the right to retrench employees. But you probably didn’t know it’s completely different when it comes to a fixed-term employee… You can’t just retrench fixed term employees! Unless you include a clause in the contract saying you can end the contract before…