Labour Bulletin Archive March 2009

I don’t know if any of you saw FSP’s Health and Safety bulletin last week, regarding the Labour Minister’s proposed ban on labour brokers?
Minister Membathisi Mdladlana likened labour brokers to “human traffickers” and assured the ANC would ban them following the elections.

Although I’m sure many of us are looking forward to all the holidays and long weekends in April, it’s a difficult month from a productivity point of view. And now we have another Public Holiday! The President has declared Election Day, 22 April 2009, a Public Holiday throughout the Republic (Government Gazette No. 32039 of 19 March 2009). What does this mean for you?

I always thought those people who develop websites have to be very clever. Now I know...they are. I know a few of them. They work in my office and have certainly proven themselves in developing our new FSP website! It’s easy to use, informative and looks great too.

Retrenchment, retrenchment, retrenchment! Is there any way to avoid the word that seems to be on everyone’s lips at the moment? Apparently not! Reports vary; some saying retrenchment levels are rising rapidly and others saying things aren’t as bad as the doomsayers proclaim. Please just make sure you follow the correct procedure or you’ll end up paying even more money if your employees take you to the CCMA. And how will that help if you’re in dire financial straits already?

Last week the Financial Mail reported that the CCMA is feeling the effects of the economic downturn: its caseload has increased by 28% between September 2007 and last year! According to the article, it began with Eskom and its load-shedding schedule at the beginning of last year, dropped slightly just afterwards, and then shot up again in September.

What does the law say about "confidentiality of salaries?" Are employees entitled to know how much their colleagues are earning, even if they’re in the same position and have worked for the same amount of time? Can my employee accuse me of discrimination as far as salaries are concerned?

Leave is always a contentious issue and I get many questions about it...
Question: A Muslim employee took sick leave for three days. One of the days fell on Eid, a Muslim holiday. Do I have to pay him sick leave for the Eid day too or can I allocate that day as a holiday and only pay two days’ sick leave?

One of our employees is behaving very aggressively towards the foreman and his fellow workers. This behaviour happens every time he is short of money or has no money. He owes money to a bank and it deducts what he owes automatically from his bank account, but he believes this is the company’s fault.

I’m sure you’re probably sick of hearing it but it’s a sad fact that retrenchments seem to be the order of today in our current financial upheaval. But, it’s not as though you have no other option... The labour courts and tribunals, such as the CCMA, also encourage you to be more creative when downsizing your staff quota, and to use retrenchment as a last resort.

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