Labour Protect Advice Forum

Anonymous

Good day I am just needing to get some advice.My company went through a section 189 process last year.I was on a basic and commission structure.We were told that our jobs have become redundant however they have outsourced the positions.I however did not take a severance package as I wanted a chance t...

Shahim

I am involved in an ELRC ARBITRATION at the western cape education dept. Does the Arbitrator have the power to fine me for alleged Contempt during the proceedings to date? ? The arbitration is still on going. Thank you for your anticipated reply.

Anonymous

Hello. My stepfather died end of December. My mother is trying to apply for UIF dependent benefits. She has completed all documentation except for the UI19. My stepfather's employer is refusing to complete the UI19. What can we do? My mother has been to various UIF centres. The UIF consultants have p...

Anonymous

is it possible to apply for UIF for unpaid leave as a replacement of my salary ?

Anonymous

Good day. My live-in domestic worker went on maternity leave from end November 2018. I have a temp who is assisting me since February. When she told me that she was pregnant, she indicated that the baby's granny will look after the baby. Since the baby was born early, in December she told me that she will...

Anonymous

i need advise on "clear calendar month notice" in employment contract. i was not explained what this is at the time of signing the contract, it was standard contract being 4 weeks notice/month. I have reviewed the labour act and found the following pertaining to the notice period for employees an...

Anonymous

I have been given an additional role and job description at the beginning of this year . Is it possible To ask for an increase in salary ? What are the laws around this . I was initially employed as a marketing assistant and now have been given the role of a service coordinator . So currently I am performing...

Anonymous

A seemingly ordinary company hired me on a 1 month probation period, and provided me with all the tools to perform my work. Before commencing probation, I signed a contract that states the document “is not an employment contract”, and classified me as a probationary “private service provider”. ...

Anonymous

Its been 7 days after i worked my last notice day and the labour broker says i must wait till month end for my salary. I have since gotten a job offer and they promised my salary 4 days ago. Today i phoned them and they said sorry their client must sign off invoice otherwise they cant pay him. The labour law st...

Anonymous

I would like to know if it is legaly possible to resign while on maternity leave and if not what steps could the employer take against the person not returning after maternity leave. Thank you

Anonymous

Good day, Please could you advise me on the following. I am 10 weeks pregnant and my employer has already been informed. Last year I took on another department, however this year in an email the manager said he would not be inclined to give me a pay raise for the incresed duties and would wait till I com...

Anonymous

Good day. Need some information or advice or direction... Company I am working for is busy with section 189 retrenchments. This started a while ago and have consulted with unions. They also offered Voluntary packages and that process is completed. They are now done with the restructure and due to...

Employee

Am I entitled to claim UIF if I retire to tide me over until my government pension kicks in?

Anonymous

Im a security guard working as a control room operator which suppose to get paid for grade C but get paid for Grade D anyways.. I urgently need advice please. I just got aa letter from work of a notice of incapacity enquiry : ill health ..now i have a disciplinary hearing in 3 days. It all started when they w...

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...

Topic		Started By	Replies	Views	Last Post

	Salary cut after section 189 (Preview) Good day I am just needing to get some advice.My company went through a section 189 process last year.I was on a basic and commission structure.We were told that our jobs have become redundant however they have outsourced the positions.I however did not take a severance package as I wanted a chance t...	Anonymous	1	894	May 3, 2019 by Labour Protect
	Powers of arbitrator (Preview) I am involved in an ELRC ARBITRATION at the western cape education dept. Does the Arbitrator have the power to fine me for alleged Contempt during the proceedings to date? ? The arbitration is still on going. Thank you for your anticipated reply.	Shahim	1	740	May 3, 2019 by Labour Protect
	Employer refuses to provide UI19 for deceased employee (Preview) Hello. My stepfather died end of December. My mother is trying to apply for UIF dependent benefits. She has completed all documentation except for the UI19. My stepfather's employer is refusing to complete the UI19. What can we do? My mother has been to various UIF centres. The UIF consultants have p...	Anonymous	1	830	Apr 26, 2019 by LABOUR PROTECT
	uif (Preview) is it possible to apply for UIF for unpaid leave as a replacement of my salary ?	Anonymous	1	936	Apr 26, 2019 by LABOUR PROTECT
	Domestic Worker (Preview) Good day. My live-in domestic worker went on maternity leave from end November 2018. I have a temp who is assisting me since February. When she told me that she was pregnant, she indicated that the baby's granny will look after the baby. Since the baby was born early, in December she told me that she will...	Anonymous	1	713	Apr 25, 2019 by Labour Protect
	"clear" calendar month notice? (Preview) i need advise on "clear calendar month notice" in employment contract. i was not explained what this is at the time of signing the contract, it was standard contract being 4 weeks notice/month. I have reviewed the labour act and found the following pertaining to the notice period for employees an...	Anonymous	1	796	Apr 25, 2019 by Labour Protect
	Salary increase (Preview) I have been given an additional role and job description at the beginning of this year . Is it possible To ask for an increase in salary ? What are the laws around this . I was initially employed as a marketing assistant and now have been given the role of a service coordinator . So currently I am performing...	Anonymous	1	809	Apr 24, 2019 by LABOUR PROTECT
	Unfair Dismissal (Preview) A seemingly ordinary company hired me on a 1 month probation period, and provided me with all the tools to perform my work. Before commencing probation, I signed a contract that states the document “is not an employment contract”, and classified me as a probationary “private service provider”. ...	Anonymous	1	730	Apr 24, 2019 by LABOUR PROTECT
	Labour broker not paying my salary after my contract ended (Preview) Its been 7 days after i worked my last notice day and the labour broker says i must wait till month end for my salary. I have since gotten a job offer and they promised my salary 4 days ago. Today i phoned them and they said sorry their client must sign off invoice otherwise they cant pay him. The labour law st...	Anonymous	1	597	Apr 24, 2019 by LABOUR PROTECT
	RESIGNATION ON MATERNITY LEAVE (Preview) I would like to know if it is legaly possible to resign while on maternity leave and if not what steps could the employer take against the person not returning after maternity leave. Thank you	Anonymous	22	20926	Mar 7, 2019 by Anonymous
	Annual leave and pregnancy discrimination (Preview) Good day, Please could you advise me on the following. I am 10 weeks pregnant and my employer has already been informed. Last year I took on another department, however this year in an email the manager said he would not be inclined to give me a pay raise for the incresed duties and would wait till I com...	Anonymous	0	660	Feb 19, 2019 by Anonymous
	Restructuring/Section 189/apply for other Positions (Preview) Good day. Need some information or advice or direction... Company I am working for is busy with section 189 retrenchments. This started a while ago and have consulted with unions. They also offered Voluntary packages and that process is completed. They are now done with the restructure and due to...	Anonymous	0	695	Feb 3, 2019 by Anonymous
	Retirement & UIF (Preview) Am I entitled to claim UIF if I retire to tide me over until my government pension kicks in?	Employee	28	23122	Feb 2, 2019 by Anonymous
	URGENT PLEASE HELP! Notice of Incapacity enquiry ill health (Preview) Im a security guard working as a control room operator which suppose to get paid for grade C but get paid for Grade D anyways.. I urgently need advice please. I just got aa letter from work of a notice of incapacity enquiry : ill health ..now i have a disciplinary hearing in 3 days. It all started when they w...	Anonymous	2	1155	Dec 4, 2018 by Labour Protect
	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	867	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	1205	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	826	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	821	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	736	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	792	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	785	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	775	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	1095	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	929	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	907	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	816	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	762	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	694	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	767	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	792	Sep 19, 2018 by Anonymous
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