Labour Bulletin Archive February 2009

If you’re struggling and need to retrench employees you must do it properly so you don’t end up spending everything you’ve saved cutting jobs on the legal costs of defending your case. Many employers launch straight into the procedure required for retrenchment without first properly thinking through the business case for doing so.

I caught my employee red-handed stealing money from my wallet. She said she was just going to borrow R5 even though I’d lent her R100 an hour before. She wants to leave immediately, but I’m worried about the legal implications of this.

Following on from last week’s Q&A format I’ve decided to see what our labour experts say on another hot topic this week. You might want to demote a poor performer, but make sure you do it legally! Here’s what a couple of you asked about demotion and salary decreases and the advice our expert gave...

My employee has used all his available sick leave, is currently off sick and is claiming UIF. He supplied a medical certificate but the end date only states: “until further notice” and it seems he will only return to work next year. Must I hire a temporary worker until my employee returns or can I dismiss him and hire someone else who can do the work I require?

Our labour subscribers have access to a free question and answer advisory service. I have a look at all the queries and it’s amazing how many of you suffer the exact same employee issues!  One of the subjects many of you have questions about is leave.  I’ve included a couple of interesting leave questions in this week’s bulletin so you can benefit from the answers too.

A week or two ago I had a look at the Career24 salary survey and it made for interesting reading. It reminded me how important it is to make sure you’re offering your employees, old and new alike, the remuneration they deserve. If you don’t you’re definitely going to lose your top talent to another company who’ll appreciate him more!
 

I got a very interesting invitation this week that I just had to tell you about. Do you remember the 1994 King Committee report on Corporate Governance, produced by the Institute of Directors Southern Africa (IoD) and its vice-president Mervyn King? If not, don’t feel alone, I don’t either! I am, however, very familiar with the King II report, an updated version the committee did in 2002.

I have an employee who claims to have slipped and fallen due to a leak from the ceiling after it rained, on the 11th of November last year. This employee has a repaired fracture on his right hand from an incident on the 7th of July 2007 and backache from an injury he sustained on the 19th of June 2007. Neither of the two previous injuries is work-related. He claims the current IOD requires him to undergo a back operation.

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