To all Altitude Employment Solutions clients

We wish you and the staff a Merry Christmas and a peaceful and happy New Year. We understand that this has been a difficult year for trading and for doing business. The developments in 2013 will be interesting, and hopefully not too cumbersome. We expect the amendments to the Labour Relations Act and the Basic Conditions of Employment Act to go through in March 2013. Furthermore, we expect certain sectors to go on strike in [...]

2014-11-26T09:20:38+00:00 December 1st, 2012|

CONTRACTS OF EMPLOYMENT – COMPULSORY?

We have had many debates with the Department of Labour and the CCMA whether Contracts are in fact compulsory. In terms of the Basic Conditions of Employment Act 75 of 1997, the particulars of employment and remuneration must be contained in a written document and given to an employee when that employee commences employment. These particulars have to contain information such as the full name and address of the employer, the name and occupation of [...]

2017-03-09T08:19:20+00:00 November 1st, 2012|

EARNING THRESHOLD

In terms of the Basic Conditions of Employment Act, every employee who earns over R183,008-00 per annum from the 1st July 2012 will not be entitled to receive overtime payment.  Furthermore, that employee will not receive payment for meal intervals, does not have set meal intervals and does not receive extra payment for Sunday pay.  Employees earning over R183,008-00 per annum have no extra payment for public holidays nor would they receive an allowance for [...]

2017-03-09T08:19:20+00:00 October 1st, 2012|

LABOUR LAW AMENDMENTS

All the public hearings have now been held and it appears that the public have been called upon to comment.  In essence we now have a clear picture as to how in fact the laws are going to be changed and what will be implemented during the first half of next year (2013). There is some good news for business and this can be outlined as follows: 1.    There will be limitations on the right [...]

2017-03-09T08:19:20+00:00 September 1st, 2012|

AMENDMENT BILLS

Parliament is to debate the submitted amendment bills with respect to the Labour Relations Act 66 of 1995 and the Basic Conditions of Employment Act.  The one important issue is that it is currently placed in the legislation there is no need for a secret ballot of the unions members before a union embarks upon a strike.  The proposed amendments outline the necessity for a trade union to conduct a ballot vote of all its [...]

2017-03-09T08:19:20+00:00 August 1st, 2012|

HOSPITALITY SECTOR MINIMUM WAGE INCREASES

Everyone in the hospitality sector faces wage increases as from the 1st July 2012 to the 30th June 2013.  This sector breaks the minimum wage up into two tables, the first being minimum wages for employers with 10 or less employees, the monthly amount would be R2,240-60, the weekly amount is R517-10 and the hourly rate is R11.49 If the employer has more than 10 employees, the amount for a month is R2,495-80, weekly R576-00 [...]

2017-03-09T08:19:21+00:00 July 2nd, 2012|

AN EMPLOYEE WHO CHOOSES NOT TO ATTEND A DISCIPLINARY HEARING DOES SO AT HIS/HER OWN PERIL

Even if the employee has objections to the process and procedure, the employee is obliged to participate in the hearing in order to be able to raise an objection at a later stage.  In an interesting court case, Foschini Group v Maidi & Others in the Labour Appeal Court, employees were invited to a disciplinary hearing but had failed to attend.  The employees had initially objected to the presence of an initiator but they should [...]

2014-11-26T09:10:31+00:00 June 4th, 2012|

NATIONWIDE STRIKE ON 30TH APRIL 2012

It appears that permission has been given to Cosatu to embark upon another strike which will once again affect businesses in an incredibly negative manner. The 30th April is a Monday following on all the public holidays merely giving people a reason to take an extra long weekend i.e. from Thursday evening the 26th April 2012 until Tuesday evening the 1st May 2012. Cosatu has fortuitously chosen the day in between creating an absurd situation [...]

2014-11-26T09:09:31+00:00 April 24th, 2012|

TEAM MISCONDUCT

In an interesting case, Foschini Group vs Maidi & Others in the Labour Appeal Court, Judge of Appeal Revelas found that all the employees were fairly dismissed in the circumstances where the Company found that it had a massive stock loss.  The staff said the store was broken into the previous night; however, there was no sign of forced entry.  The Company argued that the stock loss rate was just over 28% and all the [...]

2017-03-09T08:19:21+00:00 April 1st, 2012|

STRIKE BY COSATU ON 7TH MARCH 2012

COSATU have now officially applied to Nedlac to proceed with protest action. This would be a socioeconomic strike against labour broking. It is rather strange that COSATU would still choose to go on a strike on 7th March 2012 after over a year of the social partners meeting at Nedlac on the question of labour brokers. COSATU have called upon all workers to support their socioeconomic protest action by engaging in various forms of protest. [...]

2014-11-27T11:23:30+00:00 March 1st, 2012|