When an Employer contemplates dismissing an employee/s for reasons related to operational requirements (retrenchment), an Employer is required to follow the procedure as set out in Section 189 in the Labour Relations Act. This can be a daunting procedure for both Employers and Employees. As such, the parties often look to concluding an amicable retrenchment […]
Author Archives: Carmen Fourie
How long does a disciplinary hearing take?
Today I chaired a hearing that took 2 hours. That is not the usual, but it is also not that uncommon. If I were to estimate I would say that the average time for a hearing is between 30mins to an hour. But, here are some factors I consider when it comes to the time […]
Suspending an Employee before a Disciplinary Hearing
Is the suspension before a disciplinary hearing paid? Yes, if you are suspending an employee before a disciplinary hearing, the suspension is with pay. “But they stole from the business” or “But they assaulted someone” I completely understand the frustration that comes with suspending an employee with pay before a disciplinary hearing, however, the purpose […]
What is an Employee paid when they are Retrenched?
In this week’s video I discuss all the various payments an employee is entitled to when they are retrenched. I start by discussing payments due when the employment relationship terminates (through the contract ending, resignation or dismissal), then payments due specifically when an employee is dismissed and then payments due when an employee is retrenched. […]
2022 Earnings Threshold
What does it mean if an employee earns below or above the earnings threshold? In the latest Employment Relations video, I share the new earnings threshold for the labour legislation of South Africa, as well as what it means to earn above or below the threshold. The earnings threshold from 01 March 2022 is R224 […]
Issuing a notice to attend a disciplinary hearing
If you need a template for a notice to attend a disciplinary hearing (also known as a disciplinary inquiry or disciplinary enquiry), you can, for a small fee, purchase it HERE. Please note: The price is in dollars to facilitate the automatic payment through Paypal to ensure that the document is available immediately after payment […]
What disciplinary action to take?
Employers and managers are often faced with this question – what is the appropriate disciplinary action to take given that a particular transgression has occurred? Often managers rely on labour relations consultants to advise them (which is a great resource when needed), but what if managers could feel more comfortable to manage the day to […]
Tips for issuing warnings in the workplace
In the latest video I provide 8 important tips for issuing warnings in the workplace. This video is for managers, supervisors, team leaders and employers to feel more comfortable with implementing fair, effective and efficient corrective measures in the workplace. The video comes with many practical examples. For disciplinary templates (warnings, notice of a hearing […]
Increase in National Minimum Wage – 1 March 2022
From 1 March 2022 the national minimum wage of South Africa will increase from R21.49 to R23.19 per ordinary hour worked.
A guide to paid sick leave in South Africa
There are quite a few types of leave in South Africa: Annual leave, sick leave, family responsibility leave (sometimes referred to compassionate leave), maternity leave, parental leave, adoption leave, commissioning parental leave and more. Of the types of leave the one I get the most questions about is – sick leave. Therefore, my goal with […]