Labour Protect Advice Forum

Anonymous

I would like to know if it is fair labour practice to expect from your employees to take more annual leave over the shut down period then what the company is given.Scenario is as follows: Employer wants us to close on the 30th November and open around the 7th or 14th January. Now my concern is that we only g...

Anonymous

Hi There, I am in desperate need if sime advice. It is a rather long story so I do appreciate your time. Here goes. I was employed by a company at the end of January this year. I worked for three months without a contract as my employer wanted to make sure I was able to do the required job, as he had been 'd...

Mark Mollentze

Hi Labour Protect team and readers i have a question that i cant seem to get answers on: Our employer (ISP, Climbing of towers, installing equipment on sometimes 100m) NO OHS at all, no appointments not risk assessments , no fall protection plans , no PPE (some harnesses but not enough), no fire fight...

Anonymous

I'm representing my brother who is also a collegue, in a matter regarding misconduct, we sat down for arbitration on the 8th of October this year and the case was postponed by the commissioner, I would like to know if I can refer it to Labour Court since the whole month has flown by, in line with section 19...

Anonymous

I'm representing my brother who is also a collegue, in a matter regarding misconduct, we sat down for arbitration on the 8th of October this year and the case was postponed by the commissioner, I would like to know if I can refer it to Labour Court since the whole month has flown by, in line with section 19...

Anonymous

Good day, I would like to know , how long must you wait for an outcome at a disciplinary hearing

Anonymous

Hi, I had a disciplinary hearing today and was found guilty of unauthorised absence as well as submitting a fraudulent dr's note. I however suffer from a drug problem which has been getting worse resulting in my regular absence from work and subsequent hearing. I'm afraid of approaching my employer...

Angie

I was employed from March to October as admin at a Real Estate Company and during this time my contract states that with all successful sales I am to receive an incentive on the transfer of the property. I have resigned and there are a number of properties that have not transferred yet am I still entitled...

Anonymous

There has been no investigation & no charges relating to alleged theft in our office. We have not been told exactly what's gone & when the alleged offense occurred. Security has been looking through camera footage, but is yet to find anything. Staff has been told that we will all be doing poly...

Anonymous

My husband has worked for the company for 12 years. We have only now discovered that by the end of this month, 14 months of his provident fund has not been paid. This includes the amount that is deducted from his salary on a monthly basis as well as there portion (as per his contract agreement). Neithe...

Anonymous

I shoot by mistake when i was o duty at work then i was given a final warning without a written warning after that they booked me for a hearing can i be dismissed

Anonymous

Is there any basic employment law governing subsistence travel? If employee is sent out the Sunday Returns the Thursday 1. Are there any days which are due the person in terms of recoup entry or family day. 2. Company pays food and accommodation in host country so would any other money be due to sta...

Anonymous

There is a new manager at my workplace and he says we are working less than the required hours a week. I clock in at 6:30 and clock out at 16:00 from Monday to Thursday then on Friday I clock out at 14:00. I want to know if I am robbing the company or not. And with the working hours does that mean at 06:30 I should...

Anonymous

Good day, please advise if warnings may be given based on the tone of a text message. To my understanding the tone of a msg is perceived, I standard professional msg provide basic info. If person reads it as toned wrong its their perception? Can a warning be issued for this?

Anonymous

My employer has not submitted a UI19 to the department to inform them of my retrenchment. I was unaware until the agency I employed to handle the UIF claim for me informed me that the department has no record of my retrenchment. My time is now up as it has been six months (thats how long this has been going o...

Anonymous

Issue: In 2008 the then SGB Body took an SGB employee earning let's say R8000 and moved this employee to a GDE post which was only paying R5000.00 with the agreement that the SGB would top up the balance of R3000.00. This lady has been under this arrangement until 2017 when it was discovered that this i...

Anonymous

I would like to know if i go on early pension will uif deduct an amount from my pension fund

Missy786

I requested a trAnsfer from Dbn to Jhb in 2015, the company assisted and found me the same position in management in Jhb. Recently my husband got a promotion and it is in Dbn. I requested a transfer back to Dbn but within the 3 years in Jhb, I was promoted 2 times and my salary increased. The company has acce...

Anonymous

Good day How does lunch break work for drivers and their assistants in the truck ? Flexi lunch ?

Unhappy

I work in the hospitality industry and myself and other staff are working many more hours than the maximum stipulated by law. We do net get paid overtime or Sunday time and we cannot describe the overtime as being "agreed upon". We are suppose to get days off for more hours worked, but it d...

Anonymous

Good day,We need some advice please.My wife is leaving her current job after being with the company on a permanent basis for 6 months.She attended a short training course which the company paid for and now deducted the full amount from her final paycheck.They do not have a clause in her contract makin...

Anonymous

Good day, We need some advice please. My wife is leaving her current job after being with the company on a permanent basis for 6 months. She attended a short training course which the company paid for and now deducted the full amount from her final paycheck. They do not have a clause in her contract makin...

Anonymous

Some advise please. My husband worked for a company for two and a half months. He got sick and was booked off by a doctor for three days. When he returned to work he was told no work today. He went home and after several attempts got hold of the boss who told him to come and see him with his certificate. H...

Anonymous

I was on leave for six days, I was advised by my manager to log the leave 5min before end of shift. I did that in a hurry but logged only for 5 days. My leave was from the 1st of August 2018 to the 8th of August 2018.I was suppose to be back the Friday the 10th August 2018. I was suppose to have worked the Satu...

Anonymous

Good morning, I wanted to please find out if I'm still on my 3 months (2 months in)probation and I was told that I am not needed any longer(nothing bad, just no longer needed). And I get asked to leave immediately(13th of August). What is the law for my salary, do the owe me a full month's salary and do the...

Anonymous

the company refuses that i must not claim uif have been unemployed since december 2017 beacause i am foreign national and i was permanently employed.

porcia

Goodmorning, I was working as an independent contractor at a development company in witbank from 1 August 2017, the company does not pay a basic salary, they only pay commision in three stages, 1. R2000 INSTRUCTION WHEN THE CLIENT RECIEVES A GRANT FROM THE BANK. 2. R3000 WHEN THE HOUSE IS REGISTERED U...

Mark G

Evening all, I hope you can help me out here, If I submit a letter of resignation under duress but still want to take the matter up with the CCMA would I be able to? Thank you

Ann

I am a permanent employee of St Chad’s Anglican Church in Table View, Cape Town. We are one of a number of churches under the umbrella of the Diocese of Saldanha Bay. I have been working as Secretary here for 6 years and during that time I have never belonged to the pension fund. I recently came across an e...

Anonymous

I HAVE A SITUATION WHERE A COLLEGUE THAT ROTATES BETWEEN BRANCHES IS CAUSING ME UNHAPINESS. IT STARTED WITH THIS PERSON PLAYING OTHER COLLEGUES AGAINST ME AND TRYING TO GET THEM TO AID IN IMPLYING THINGS TO SENIOR MANAGMENT ABOUT ME. THIS PERSON HAS ON MANY OCCASIONS MADE COMMENTS AND REMARKS ABOUT...

Topic		Started By	Replies	Views	Last Post

	Annual leave and shutdown period (Preview) I would like to know if it is fair labour practice to expect from your employees to take more annual leave over the shut down period then what the company is given.Scenario is as follows: Employer wants us to close on the 30th November and open around the 7th or 14th January. Now my concern is that we only g...	Anonymous	1	435	Dec 4, 2018 by LP
	Please Help!!! (Preview) Hi There, I am in desperate need if sime advice. It is a rather long story so I do appreciate your time. Here goes. I was employed by a company at the end of January this year. I worked for three months without a contract as my employer wanted to make sure I was able to do the required job, as he had been 'd...	Anonymous	2	763	Dec 4, 2018 by LP
	Tools of the trade (definition) and performance in the work place without the required tools (Preview) Hi Labour Protect team and readers i have a question that i cant seem to get answers on: Our employer (ISP, Climbing of towers, installing equipment on sometimes 100m) NO OHS at all, no appointments not risk assessments , no fall protection plans , no PPE (some harnesses but not enough), no fire fight...	Mark Mollentze	2	428	Nov 22, 2018 by Mark Mollentze
	Unfair Dismissal (Preview) I'm representing my brother who is also a collegue, in a matter regarding misconduct, we sat down for arbitration on the 8th of October this year and the case was postponed by the commissioner, I would like to know if I can refer it to Labour Court since the whole month has flown by, in line with section 19...	Anonymous	1	432	Nov 21, 2018 by Anonymous
	Unfair Dismissal (Preview) I'm representing my brother who is also a collegue, in a matter regarding misconduct, we sat down for arbitration on the 8th of October this year and the case was postponed by the commissioner, I would like to know if I can refer it to Labour Court since the whole month has flown by, in line with section 19...	Anonymous	1	386	Nov 21, 2018 by LABOUR PROTECT
	Disciplinary hearing (Preview) Good day, I would like to know , how long must you wait for an outcome at a disciplinary hearing	Anonymous	1	433	Nov 5, 2018 by LABOUR PROTECT
	Substance abuse and dismissal (Preview) Hi, I had a disciplinary hearing today and was found guilty of unauthorised absence as well as submitting a fraudulent dr's note. I however suffer from a drug problem which has been getting worse resulting in my regular absence from work and subsequent hearing. I'm afraid of approaching my employer...	Anonymous	1	440	Nov 2, 2018 by Labour Protect
	Incentives and resignation (Preview) I was employed from March to October as admin at a Real Estate Company and during this time my contract states that with all successful sales I am to receive an incentive on the transfer of the property. I have resigned and there are a number of properties that have not transferred yet am I still entitled...	Angie	1	430	Nov 2, 2018 by Labour Protect
	Polygraph - Urgent (Preview) There has been no investigation & no charges relating to alleged theft in our office. We have not been told exactly what's gone & when the alleged offense occurred. Security has been looking through camera footage, but is yet to find anything. Staff has been told that we will all be doing poly...	Anonymous	2	688	Oct 24, 2018 by Anonymous
	Provident fund not paid (Preview) My husband has worked for the company for 12 years. We have only now discovered that by the end of this month, 14 months of his provident fund has not been paid. This includes the amount that is deducted from his salary on a monthly basis as well as there portion (as per his contract agreement). Neithe...	Anonymous	1	538	Oct 19, 2018 by LABOUR PROTECT
	Dismissal (Preview) I shoot by mistake when i was o duty at work then i was given a final warning without a written warning after that they booked me for a hearing can i be dismissed	Anonymous	1	540	Oct 19, 2018 by LABOUR PROTECT
	Subsistence travel leave and pay? (Preview) Is there any basic employment law governing subsistence travel? If employee is sent out the Sunday Returns the Thursday 1. Are there any days which are due the person in terms of recoup entry or family day. 2. Company pays food and accommodation in host country so would any other money be due to sta...	Anonymous	1	432	Oct 19, 2018 by LABOUR PROTECT
	working hours (Preview) There is a new manager at my workplace and he says we are working less than the required hours a week. I clock in at 6:30 and clock out at 16:00 from Monday to Thursday then on Friday I clock out at 14:00. I want to know if I am robbing the company or not. And with the working hours does that mean at 06:30 I should...	Anonymous	1	428	Oct 19, 2018 by LABOUR PROTECT
	Warnings for tone in messages or writing style (Preview) Good day, please advise if warnings may be given based on the tone of a text message. To my understanding the tone of a msg is perceived, I standard professional msg provide basic info. If person reads it as toned wrong its their perception? Can a warning be issued for this?	Anonymous	1	367	Oct 19, 2018 by LABOUR PROTECT
	Retrenchment - UI19 (Preview) My employer has not submitted a UI19 to the department to inform them of my retrenchment. I was unaware until the agency I employed to handle the UIF claim for me informed me that the department has no record of my retrenchment. My time is now up as it has been six months (thats how long this has been going o...	Anonymous	0	456	Oct 12, 2018 by Anonymous
	Section 38 (a) Education (Preview) Issue: In 2008 the then SGB Body took an SGB employee earning let's say R8000 and moved this employee to a GDE post which was only paying R5000.00 with the agreement that the SGB would top up the balance of R3000.00. This lady has been under this arrangement until 2017 when it was discovered that this i...	Anonymous	0	493	Sep 19, 2018 by Anonymous
	Pension and uif (Preview) I would like to know if i go on early pension will uif deduct an amount from my pension fund	Anonymous	0	559	Sep 10, 2018 by Anonymous
	Transfer request (Preview) I requested a trAnsfer from Dbn to Jhb in 2015, the company assisted and found me the same position in management in Jhb. Recently my husband got a promotion and it is in Dbn. I requested a transfer back to Dbn but within the 3 years in Jhb, I was promoted 2 times and my salary increased. The company has acce...	Missy786	0	524	Sep 9, 2018 by Missy786
	Drivers and Drivers assistance lunch break (Preview) Good day How does lunch break work for drivers and their assistants in the truck ? Flexi lunch ?	Anonymous	0	513	Sep 7, 2018 by Anonymous
	Working hours hospitality industry (Preview) I work in the hospitality industry and myself and other staff are working many more hours than the maximum stipulated by law. We do net get paid overtime or Sunday time and we cannot describe the overtime as being "agreed upon". We are suppose to get days off for more hours worked, but it d...	Unhappy	15	12676	Sep 2, 2018 by Anonymous
	Very Urgent!!! (Preview) Good day,We need some advice please.My wife is leaving her current job after being with the company on a permanent basis for 6 months.She attended a short training course which the company paid for and now deducted the full amount from her final paycheck.They do not have a clause in her contract makin...	Anonymous	0	600	Aug 29, 2018 by Anonymous
	Training Deduction (Preview) Good day, We need some advice please. My wife is leaving her current job after being with the company on a permanent basis for 6 months. She attended a short training course which the company paid for and now deducted the full amount from her final paycheck. They do not have a clause in her contract makin...	Anonymous	0	533	Aug 29, 2018 by Anonymous
	CCMA Award not being paid by company even after CCMA process completed (Preview) Some advise please. My husband worked for a company for two and a half months. He got sick and was booked off by a doctor for three days. When he returned to work he was told no work today. He went home and after several attempts got hold of the boss who told him to come and see him with his certificate. H...	Anonymous	0	584	Aug 23, 2018 by Anonymous
	Final Written Warning (Preview) I was on leave for six days, I was advised by my manager to log the leave 5min before end of shift. I did that in a hurry but logged only for 5 days. My leave was from the 1st of August 2018 to the 8th of August 2018.I was suppose to be back the Friday the 10th August 2018. I was suppose to have worked the Satu...	Anonymous	0	551	Aug 17, 2018 by Anonymous
	Probation (Preview) Good morning, I wanted to please find out if I'm still on my 3 months (2 months in)probation and I was told that I am not needed any longer(nothing bad, just no longer needed). And I get asked to leave immediately(13th of August). What is the law for my salary, do the owe me a full month's salary and do the...	Anonymous	0	569	Aug 16, 2018 by Anonymous
	foreign national company refuse me to claim UIF (Preview) the company refuses that i must not claim uif have been unemployed since december 2017 beacause i am foreign national and i was permanently employed.	Anonymous	0	584	Aug 14, 2018 by Anonymous
	Development company not willing to pay my commision (Preview) Goodmorning, I was working as an independent contractor at a development company in witbank from 1 August 2017, the company does not pay a basic salary, they only pay commision in three stages, 1. R2000 INSTRUCTION WHEN THE CLIENT RECIEVES A GRANT FROM THE BANK. 2. R3000 WHEN THE HOUSE IS REGISTERED U...	porcia	0	524	Aug 14, 2018 by porcia
	Resignation under Duress (Preview) Evening all, I hope you can help me out here, If I submit a letter of resignation under duress but still want to take the matter up with the CCMA would I be able to? Thank you	Mark G	0	507	Aug 11, 2018 by Mark G
	Pension Fund Membership (Preview) I am a permanent employee of St Chad’s Anglican Church in Table View, Cape Town. We are one of a number of churches under the umbrella of the Diocese of Saldanha Bay. I have been working as Secretary here for 6 years and during that time I have never belonged to the pension fund. I recently came across an e...	Ann	2	829	Jul 16, 2018 by Anonymous
	Discrimination and harrasment (Preview) I HAVE A SITUATION WHERE A COLLEGUE THAT ROTATES BETWEEN BRANCHES IS CAUSING ME UNHAPINESS. IT STARTED WITH THIS PERSON PLAYING OTHER COLLEGUES AGAINST ME AND TRYING TO GET THEM TO AID IN IMPLYING THINGS TO SENIOR MANAGMENT ABOUT ME. THIS PERSON HAS ON MANY OCCASIONS MADE COMMENTS AND REMARKS ABOUT...	Anonymous	0	674	Jul 11, 2018 by Anonymous
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