carmenfourie
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Is your retrenchment Section 189 or Section 189A?
It is important for both Employers and Employees to know whether their retrenchment falls under Section 189 or Section 189A. Section 189A is commonly referred to as a large scale retrenchment. This article will help you determine whether yours is a Section 189 or Section 189A. A retrenchment is considered a Section 189A, when: Firstly…
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Who to consult with in a Section 189 Retrenchment / Who represents the Employees?
When an Employer contemplates dismissing one or more Employees for reasons based on the Employer’s operational requirements (i.e. retrenchment), the Employer must consult with….. Firstly – Any person whom the employer is required to consult with in terms of a collective agreement (this is usually in the case where an Employer belongs to a bargaining…
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How to calculate the Earnings Threshold
Some provisions of the Basic Conditions of Employment Act are not applicable to Employees who earn above the earnings threshold set by die Minister of Labour (currently R205 433.30 per year). But exactly how is this amount calculated and what is included and what is excluded? The amount is before any deductions such as income…
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A New Document has been added – OVERTIME agreement
In anticipation of today’s video – a new document has been added for Employers to use to correctly implement overtime as per Section 10 of the Basic Conditions of Employment Act. If I must say so myself, this document is well drafted and comprehensive, and can prevent a lot of unnecessary labour disputes and ensure…
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Unpacking the Complexities of Paid Sick Leave
Has there every been a time where knowing the ins and outs of sick leave has been this important? In this week’s video I unpack the complexities of paid sick leave to help anyone and everyone understand exactly how it works and what the entitlement is. I discuss common mistakes and misapplications that I have…
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4 new Documents uploaded!
This week’s video has been slightly delayed, but in anticipation of it – 4 new documents have been uploaded for you to download and use to improve your Employment Relations. The documents are: Leave Form (all Employers need this one and it covers all types of leave) A Section 22(6) agreement template if Employers and…
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Constructive Dismissal & everything you need to know about Grievances
In this weeks Employment Relations video I cover constructive dismissal and everything you need to know about grievances. The video has timecodes for you to skip to the relevant part. The video starts with the definition of constructive dismissal and where to find it in the legislation. Then I move on to discussing (in detail)…
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What you can expect in tomorrow’s video on Constructive Dismissal
In tomorrow’s video I cover exactly what constructive dismissal is, where you can find it in the Labour Relations Act, and I go into detail about what an Employee needs to prove at the CCMA when claiming constructive dismissal. I answer the commonly asked question: Do you always need to lodge a grievance before claiming…
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A new document has been added!
In preparation for tomorrow’s video upload, a new document has been added to Document to Download. This document is helpful for Employees who are considering or who are claiming that their resignation is a constructive dismissal, for Employers who have received allegations of constructive dismissal and also for Industrial Relations / Labour Relations / HR…
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Buying, Selling or Transferring a business as a going concern | Section 197 of the Labour Relations Act
Wondering what labour laws you need to consider in a sale, purchase or transfer of a business as a going concern? In this week’s video – we cover just that. This week’s video takes you through all the labour relations considerations when it comes to transfers of contracts of employment. I discuss the common mistakes…