Questions and Answers

Various questions regarding labour law issues will be posted on this page. Feel free to add a question for consideration and inclusion here, by leaving it in the Reply/Comment window.

Questions regarding:

  • Independant Contractors
  • Sick Leave
  • Fraudulent employee sicknotes
  • When can you review an unfair dismissal award?
  • Strike action
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    8 Responses to “Questions and Answers”

    1. Kindly assist me with definition of a strike and what is it that constitute a strike action whether procedural or not, also requirements of for a protected strike action,situations where general pre-strike procedures will not apply, substantive requirements for protected strikes and different kinds of dismissals

      • Dear Futhi,

        Please see the post https://labourlawoffices.wordpress.com/2009/08/31/strike-action-what-does-the-law-say/

        If you need any futher assistance, let me know.

    2. Hi Guys,

      Can anyone please help me with an answer! Someone that I know is going to be dissmissed for being overweight. Can they do that?
      They are actually setting up a contract for saying if you dont lose weight in the next 3 months he will be fired.

      • Dear Madam

        Without knowing the full facts of the case and the line of work your acquaintance is in, we cannot give a definitive answer. However, on the face of it, it would appear that such a dismissal would be for arbitrary or unacceptable reasons. In this case it would likely amount to an automatically unfair dismissal based on unfair discrimination. If your acquaintance can prove an automatically unfair dismissal she would be entitled to, up to 24 months compensation. That being said however, depending upon the type of work your acquaintance is involved in, the company may choose to argue that losing weight is an inherent requirement of the job. Should they be successful in their argument, the dismissal would not be automatically unfair. Even so, the dismissal itself may be held to be unfair if it was not substantively and procedurally fair.

        Regards

        JD Verster Attorney

    3. Hi, i m 4 week pregnant and since i have concieved i m having pain in my shoulder and m tired a lot. I have asked my employer to giive sitting job in my pregnancy. But they say they dont have any sitting job. They also say that i can pick boxes up to 10 kg. which is even hard for me. I have to keep stading and walkIng in warehouse for whole day. I m very afraid fir my baby cause its my first baby and very upset with my employer. Wil u please inform me what can i do?

      • Dear Madam

        Thank you for your comment on our labour law website.

        You should attend a medical examination and request the clinic/doctor to advise you on whether your shoulder pain has any relation to your pregnancy. The clinic/doctor should also advise you on the cause for your always being tired and should also advise you on any risk or danger your typical warehouse duties hold for your continued pregnancy. Once your medical condition is properly understood, one can engage your employer to make the necessary accommodations to your work situation if necessary.

        Trust this helps for now.

        Regards
        JD Verster Attorney

    4. Gerrit Laban Says:

      Farmworkers are they entitle on year end bonuses for permanent empoyees.

      • At the outset, it must be understood that the Labour Law is silent on the question of bonuses. This means that the payment or non-payment of bonuses is a matter entirely for the employer to decide, and to negotiate with employees.

        That said bonus pay must be paid in these cases:
        1. If an employer gave a bonus to the employees at the end of every year in the past, the employer created an ‘expectation’ in the employees that they will get a bonus every year. And it has become the custom to get the bonus. The employees then have a right to demand the same bonus every year. If the employer suddenly decides not to give a bonus, the employees can claim the bonus as a custom and practice.
        2. If it says in a contract of employment that the employee will get a bonus – the employer must pay the bonus as agreed (unless it depends on the employee doing something which the employee did not do). For example, if a contract of employment says that an employer must pay a 13th cheque to an employee then the employer must pay this.

        Therefore in law, employees, Farmworkers included, are not entitled to a yearend bonus unless the employer has previously paid a yearend bonus or the employment contract specifically states that a yearend bonus will be paid.

        I hope this answered you Gerrit.

        Regards
        JD Labour Law Offices

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