In this video I answer the often asked question: Can Employers force Employees to work Overtime / Can Employees refuse to work overtime. I unpack some relevant sections of Section 10 of the Basic Conditions of Employment Act, and provide some practical examples what would would (in my opinion) constitute as reasonable refusals to work […]
Author Archives: Carmen Fourie
Overtime | What it is, how it works, who it is applicable to & payment of overtime
In this video I unpack Section 10 of the Basic Conditions of Employment Act: OVERTIME. The video starts with an explanation of who overtime is applicable to and who is not entitled to the overtime benefits stipulated in Section 10. Then I detail exactly what overtime is and the common misapplication of it. This is […]
How Paid Sick Leave works
This video unpacks, with examples, common mistakes and practical considerations about paid sick leave as it is detailed in Section 22 & 23 (and a mention of Section 24) in the Basic Conditions of Employment Act. This video starts by explaining how sick leave works in the first 6 months of employment. Covering the common […]
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) […]
Buying, Selling or Transferring a Business as a Going Concern – You need to watch this video
In this week’s video we take you through the applicable labour law for transferring contracts of employment in the case of a business sale, purchase or transfer as a going concern – specifically Section 197 of the Labour Relations Act. I have worked with many clients who sell, buy or transfer businesses and have seen […]
You missed a CCMA case – What now? | Rescission Application
We know it can be scary realizing or finding out that you have missed a CCMA case. There is something you can do about it – A Rescission Application. You might be feeling hesitant to contact a professional to help you with your missed CCMA case, because you are concerned about spending money. We’ve got […]
Absconsion
Absconsion – it occurs so often – yet the process to follow is still a challenge for many. This video explains exactly what absconsion is and how it differs from the very closely related extended unauthorised absenteeism. After explaining how absconsion is not AWOL, I go into a step-by-step of what to when an you […]
Employment Relations has a Youtube Channel!
Instead of doing weekly written blogs, we have weekly videos that you can watch or listen to. Every week we address a new employment relations / labour relations / industrial relations / labour legislation / conflict / leadership topic to discuss. If you would like a specific topic – comment on any of the videos […]
Contracts of Employment
Understanding the Basics Technically the Basic Conditions of Employment Act (BCEA) does not say you must have contracts of employment. That being said, the BCEA does say that an employer must provide specific information in writing (see Section 29), this however, is not applicable to all employers. When? One of the most frequently heard statements […]