Brett & Associates

ONE ANSWER TO EMPLOYEES GIVING 24 HOURS NOTICE

2010-10-31T23:53:00.000-07:00

In my previous article,I discussed the question of Employees giving 24 hours notice of termination of employment.

Employers could include a term in the Contract of Employment that should an Employee terminate the Contract of Employment on notice shorter than as provided in the Contract,the Employer will deduct from any final payment due to the Employee,an amount equal to the period of notice not given by the Employee in terms of the Contract.

However if no monies are due to the Employee,which is often the case,the Employer is back to square one.

24 HOURS NOTICE BY EMPLOYEES

2010-10-13T00:47:00.000-07:00

The queation is often asked if an Employee can give 24 hours notice of termination of an Employment Contract.

If a Contract of Employment is in place it normally provides the notice period to be given on termination,which is normally 30 days.

There is no provision in the Basic Conditions of Employment Act(BCEA) which provides for a 24 hour notice of termination of Employment Contracts.

So what does the Employer do if the Employee gives 24 hours notice?

It is illegal for an Employee to give 24 hours notice,but if the the Employee leaves,the Employer is not legally able to withhold any monies due to the Employee (eg. outstanding leave pay)and must pay these monies over to the Employee in terms of Section 40 of the BCEA.There is also no provision in the Labour Relations Act to proceed against the Employee in these cases.

Therefore the only way the Employer can address this scenerio with the Employee is through the normal Courts,ie. Magistrates' Court,Regional Court or High Court,depending on the amount claimed.The Employer would have to prove breach of contact,which is relatively easy if there is a written Contract of Employment,but then must prove what damages the Employer has suffered as a result of the Employee's breach.

This is where it becomes difficult,especially in cases of more junior Employees.As a result Employers do not institute legal action against Employees in these cases due to the high legal costs that have to be incurred.

LEGAL AUDITS

2010-09-19T23:39:00.000-07:00

As we know,Private Companies with limited liability need by law to be audited by a Charted Accountant and their financials must be submitted to SARS.

However,as Companies do not by law have to be legally audited by a Lawyer,the majority of CEO's do not worry about legal audits.

A simple legal audit can,for example, highlight defects in your Human Resources Documents and Policies and your Service Level Agreements with clients.

For more information call Bryan Brett on 011 764 4280

DISMISSALS FOR POOR PERFORMANCE

2010-09-02T23:39:00.000-07:00

Employers should be particlarily carefull before dismissing employees for poor performance.

It is the employers preogative to set performance standards or targets,but these should be attainable and resonable and this would have to proved by the employer if the employee challenges them.

Employers also need to take into account the current economic climate,for example,before setting targets for sales staff.

Employers need to conduct regular meeting with staff for poor performance counselling and detailed notes should be kept,including that of targets agreed to in these meetings.Matters beyond the control of the employee cannot be held against the employee,eg.the economic downturn.

Schedule 8 of the Labour Relations Act sets out the procedural and substantive pre-requisites of a fair dismissal.

For more information,please contact Bryan Brett.

Disciplinary Hearings

2010-08-16T00:57:00.000-07:00

The Code of Good Practice,being Schedule 8 of the Labour Relations Act, requires that Employers must keep records of disciplinary actions taken against Employees,the reason therefor and the outcome of the action.

Even if a written warning is only valid for 6 months,never throw it away.Keep it on record in the Employee's staff file.

Should a disciplinary hearing become necessary,it is important that the hearing is chaired by an independant Chairperson,who must not show any bias,either to the Employee or Employer.Should this not be the case Employers could find that they may have to pay hefty compensation to dismissed Employees,or even re-instate the Employee,should the case go to the CCMA or Labour Court.

For more information please contact Brett & Associates

WRITTEN PARTICULARS OF EMPLOYMENT

2010-07-27T01:23:00.000-07:00

Many Employers do not adhere to the basic fundamentals that today you need a written Contract of Employment with your Employee, as stipulated in Sec 29 of the Basic Conditions of Employment Act.

Some Employers think that by having written contracts will cause more problems than if you do not have a written contract.In fact,it is exactly the opposite.A well drafted Contract of Employment can protect the Employer in many instances,one of which relates to restraint of trade when an Employeee leaves your employment.

When one buys a house,a car or enters into an Instalment Sale Agreement,one does not think twice that the agreement is in writing.

So why should an Employment Contract be any different?

DISMISSAL OF AN EMPLOYEE-ONUS ON EMPLOYER TO PROVE PROCEDURAL FAIRNESS

2010-07-13T04:57:00.000-07:00

The Labour Relations Act provides that the onus of proving procedural fairness when dismissing an Employee is upon the Employer.

Many small to medium size Employers do not have written Discliplinary Procedures in place and,in fact,do not understand how easy these procedures are to put in place and be compliant with the Law.

In order to avoid reinstatement of Employees or heavy penalties imposed by the CCMA due to procedures not being fair,all Employers should have written Disciplinary Procedures in place.

We are able to provide these Procedures in a simple and cost effective manner which is easily understood by both Employer and Employee.

A 10% discount will apply to all ROCCI,Wesrand Businesses and NBC members.

EMPLOYERS SHOULD ENSURE LEAVE RECORDS ARE UP TO DATE AFTER THE WORLD CUP

2010-07-08T00:07:00.000-07:00

With a vey successful World Cup quickly drawing to a close,Employers should ensure that thair Employees leave and attendance records are fully updated.

Should an Employee have a bad leave or attendance record it is virtually impossible to dismiss that Employee,should proper records not have been kept.

By Employers keeping proper records,disciplinary action can be brought safely against errant Employees,which action could eventually end in a legally valid dismissal.

CORPORATE LABOUR RELATIONS AND LEGAL ADVICE

2010-06-25T23:29:00.000-07:00

With 30 years as a Corporate Legal Advisor and 18 years as a Corporate Human Resources Manager,Bryan Brett is able to give you personal professional advice on the above.Bryan is an Admitted Attorney (non practising)

DISCIPLINARY & GRIEVANCE PROCEDURES

2010-05-19T00:40:00.000-07:00

It is common that many Employers do not have Disciplinary & Grievance Procedures in place in the work place.

Just as a written Contract of Employment is important,Disciplinary & Grievance Procedures are equally important.

To have these procedures in place will give Management and Staff clarity on how to approach Disciplinary matters and Grievances and will in the long term save the Employer time and costly awards of the CCMA due to incorrect procedures being followed.

Brett & Associates is able to assist in setting up an easily understandable Disciplinary Code and Grievance Procedure for Employees.

ZUMA PROMISES NEW LABOUR LAWS

2010-05-04T00:54:00.001-07:00

Zuma promises new labour laws
01 May 2010Johannesburg - President Jacob Zuma on Saturday urged unity in a fragile alliance with Cosatu and the SACP, promising new laws to end casual labour and improve workers' living conditions.Zuma speaking in Durban to mark May Day, said workers' share of national income had not grown to acceptable levels, with rural areas still deeply divided into affluent farm blocs, peri-urban and poorer communal areas."The benefits of economic growth have not been broadly and equitably shared," Zuma told a May Day gathering.Deep divisions between the ANC, Cosatu, which has nearly two million members, and the SACP have threatened a decades-old alliance as rival factions battle for power and influence to shape policy.Zuma said the government would introduce laws to promote decent work for all employees, to regulate contract work, subcontracting and out-sourcing in a bid to address labour broking and prohibit some abusive practices"We are also working to ensure that provisions are introduced to facilitate the unionisation of workers and conclusion of sectoral collective agreements to cover vulnerable workers," he said.Zuma said the government was also implementing policies that create an environment for more labour-intensive production methods and procurement policies that support local jobs and build public-private partnerships.Turning to his allies in Cosatu and the South African Communist Party, Zuma said the ruling ANC and its allies needed to be united in order to transform the lives of South Africans."There is still a lot that we must do together to advance the interests of workers," Zuma said."The ANC is the shield, Cosatu the spear of the workers."Zuma also reiterated that the soccer World Cup, due in 39 days, will be a resounding success and that it comes as a result of the workers' decades long struggles against minority rule."The World Cup is a celebration of our freedom, a celebration of the sacrifices and struggles of our people. Together we will make the tournament a resounding success, because we worked so hard for it over many decades," Zuma said.

EMPLOYMENT CONTRACTS

2010-04-29T04:09:00.000-07:00

EMPLOYERS.

DO YOU HAVE EMPLOYMENT CONTRACTS FOR YOUR EMPLOYEES WHICH COMPLY WITH THE LAW?AVOID UNNECESSARY COSTS AWARDED BY THE CCMA.

UPDATE YOUR EMPLOYMENT CONTRACTS TODAY.