Archive for Feb 2019
Disciplining Employees
We recently assisted one of our Monthly Retainer Plan (MRP) Client’s in disciplining one of their Employees for misconduct. We were required to draft the necessary employment contracts for the Client. One of the Employees for whom the contract was intended had committed misconduct and had been issued with a Verbal Warning by the Client…
Read MoreReview Applications – The long wait
Our Client was employed by a very large and well known conglomerate in December 2007 and was dismissed for alleged misconduct in September 2015. The Company instituted disciplinary proceedings against our Client on 12 June 2015 wherein they charged her for Refusal to obey lawful instruction and insubordination committed on 8 June 2015. They had…
Read MoreRefused Promotion and Employee’s Rights
Our client approached us in light of what she believed was an unfair recruitment process for the position of HOD at the school she was employed. Her expectations were exacerbated by the fact that she had been acting in the position of HOD prior to the official appointment. We assisted our client in approaching a…
Read MoreThe Constitutional Court has the Final Say on Temporary Employment Service Providers AKA Labour Brokers
Before the recent defining case of Assign Services (Pty) Limited and National Union of Metalworkers of South Africa, labour brokers and their Client Companies under S198A (3)(b) specifically of the Labour Relations Act (LRA) as amended in 2014, had uncertainty regarding who the actual Employer was of workers employed by the broker initially. In other…
Read MoreFixed term contracts and retrenchment: How does it work?
Our Client was an NGO. They employed ten Employees on fixed term contracts for a period of one year, being 1 October 2017 to 30 September 2018 for a particular project. The NGO was funded by various donors on various projects. When our Client was informed of the decision on 21 November 2017 to close…
Read MorePension fund contributions
Our client has been employed by a single employer since 1993. In terms of his employment contract, his employer was obliged to deduct a pension fund contribution from his salary at the rate of 6.6% and it was obliged to pay its portion of contributions at the same rate, to the fund. Our client found…
Read MoreDelays in bringing a review application to the Labour Court
Recently, a client approached us for help in bringing a review application to the Labour Court. The client had already gone through the motions of a disciplinary hearing, appeal against the outcome and then a referral to the CCMA, all of which were decided against the client. The arbitrator ruled in favour of the Employer…
Read MoreFailure to promote: What are your options?
Recently, a client came to us for advice regarding her Employer’s failure to promote her to a position she felt was rightly hers. Our client was for some time acting in that positon while her Employer sought to find someone to do the job. The client went for an interview amongst other candidates and was…
Read MoreFollow up: Unethical Lawyers and the Dangers of Working with them
We previously posted an article titled “Unethical lawyers and the dangers of working with them”. To recap it should be noted that our client received “an order equal to 4 months’ salary” which amounted to R 120 000.00 at the CCMA, based on an unfair dismissal dispute. Our client then approached us to enforce the…
Read MoreBreaching a Restraint of Trade: What is the solution?
Facts: Recently, a client approached us with a matter that involved a disgruntled employee that had breached their restraint of trade clause. By breaching a restraint of trade clause the employee therefore breached a clause of their contract which calls for a claim for damages, specific performance, repudiation or even implementing an interdict to stop…
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