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 […]
Tag Archives: labour relations act
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 […]
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 […]
A new document has been added – Probationary Period Contract Clause
In anticipation of our upcoming video, I have loaded a new document to assist Employers – a word document containing my recommended probationary period clause. This clause contains five sections that summarize the requirements of both Employers and Employees during the probationary period. It is my belief that contracts of employment should provide clarity on […]
Who represents Employees during a Retrenchment Consultation?
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 […]
Is your Retrenchment a Section 189 or Section 189A (Large Scale Retrenchment)
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 […]
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 […]