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Can you answer Mark’s labour query?
Labour Bulletin | 14 January, 2010 | Hot Topics:
Dear Reader
Welcome to your Labour Bulletin.
Have you ever wondered if you can pay your employee less if she’s doing less work? For example, your pregnant employee may not be able to perform her usual duties...can you pay her a portion of her full salary until she’s back “in the swing of things”?
Our labour subscriber, Mark, wondered this and sent in the following query to get our labour expert’s advice:
Question
My employee was injured on duty. If he returns to work, but only performs light duties, can I reduce his salary?
What should I do if I don’t have light-duty work for him?
I get this labour question a lot!
This certainly isn’t the first question I’ve received concerning the same, or at least a similar, issue.
Do you know the answer to Mark’s question? In other words...are you doing things the right way! I hope so, or you could be guilty of unfair labour practice. And the courts won’t take kindly to that.
Ensure you’re staying on the right side of the law by reading what our expert had to say
Answer
You can’t reduce the employee’s salary unilaterally. You must discuss the issue with him and get his full agreement in writing.
If don’t have light duties for him to perform, and can find no other alternatives to preserve his employment, you can consider dismissing him for incapacity due to ill-health. Given that he was injured on duty, you shouldn’t take such a drastic measure lightly, and it must really be your last resort.
Until next time
Sarah-Jane Bosch
Managing Editor
Labour Law for Managers Practical Handbook
Practical Guide to Human Resources Management
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Editors note
Michelle Govender
Labour Bulletin Editor
The Labour Bulletin team speaks to subscribers every week on landmark labour events and offer valuable and practical information from the Handbook, from questions and answers and from our experts that subscribers can use now to benefit their business.
