Is a Fixed Term Contract and Probation the same thing?

No. A fixed term contract and probation are not the same in South African law.   They serve different purposes and have different legal implications.   A fixed term contract is a contract of employment that terminates on a specified event, task, project, or date. It is regulated by Section 198B of the Labour Relations [...]

2023-11-17T05:34:15+00:00September 11th, 2023|

Labour Law Consultant, WHM, Unexpectedly Wins Case with Brilliant Strategizing

A Remarkable Turn of Events: How a Fatal Error Became a Game-Changer in the CCMA In a dramatic twist that left legal experts astounded, renowned Labour Law Consultant Firm, WHM, emerged victorious in a high-stakes case that seemed destined for failure. The three-day continuation case, which was anticipated to drag on, concluded with an unexpected [...]

2023-11-17T05:34:15+00:00June 23rd, 2023|

What deductions can an employer make from an employee’s salary?

South African Labour Law on Deducting Pay Employer sometimes wishes to make deductions from an employee’s salary to recover a debt which the employee owes to the employer. The debt could have arisen in different ways – such as a loan, damage to company property, theft, fraud, or even overpayment of salary. At first glance, [...]

2023-11-17T05:34:15+00:00December 14th, 2022|

National Minimum Wage: New Earnings Threshold

Employment and Labour Minister, Thulas Nxesi (Minister), has announced that the National Minimum Wage Act (NMWA) has introduced a new National Minimum Wage (NMW). South African workers will see the implementation of the increased annual earnings threshold determined by the Minister, in the amount of R224,080.48. This represents an increase of R12,484.18 from the previous [...]

2023-11-17T05:34:15+00:00May 3rd, 2022|

Should I have a bullying and harassment policy and associated procedures?

Recently the big red spotlight has been placed upon the South African government concerning Bullying, Harassment, and Violence in the workplace. They created the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the workplace in response, and revealed it in August 2021. The Draft Code introduced a wider [...]

2023-11-17T05:34:15+00:00October 6th, 2021|

I am expecting my baby, what now, laymen’s terms?

What an interesting question ladies. Should I pack up and leave, can my employer just let me go, what is my actual rights? Well on the first instance according to Sub-s. (1) substituted by s. 3 (a) of Act 47 of 2013 (wef 1August 2014).): “No person may unfairly discriminate, directly or indirectly, against [...]

2023-11-17T05:34:15+00:00January 10th, 2020|

A GIFT FOR 2020

We are racing towards the end of the year! A race for finishing up all those financial statements. Making sure that there are no-more HR challenges or putting to rest the current labor issues as we experienced in the case of SAA. Getting Mr. “Cole” seated in his position of driving ESKOM out its severe [...]

2023-11-17T05:34:15+00:00December 5th, 2019|

What is absent or absenteeism?

What does it mean and can I overlook it or should I deal with it? What will happen if I don't deal with it? What harm can it do if an employee is a few minutes late? Questions, questions and more questions - but the most dominant consideration is usually that "we better leave it [...]

2023-11-17T05:34:15+00:00July 24th, 2018|

Never “Theft”

Theft = Intent & possession Unauthorised removal of company property Unauthorised possession of company property

2023-11-17T05:34:15+00:00July 19th, 2018|
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