In South Africa, where there is heavy competition for jobs it is not unusual for job applicants to deceive prospective employers in order to improve their chances of being offered a job. This type of deception includes: Claiming qualifications that do not exist Falsification of CVs and academic certificates Provision of false reference letters Exaggeration…
While all retrenchments are painful and often devastating for employees it is normal for employers to retrench employees after serious losses have been incurred because the employer cannot afford to pay their salaries. It can also happen that those executives responsible for managing the company are disciplined for allowing the financial losses to occur. However,…
The most common criterion used when deciding who to retrench is last-in-first-out. Employers are allowed by law to use the retention of necessary skills as a criterion. However, proving that the application of this criterion was fair is very complex. This has caused many an employer to lose in court. For example, in the case…
It is a common erroneous belief among employers that they protect themselves by employing staff without a letter or contract. In fact, the converse is true. The law does not make signed employment contracts compulsory but the Basic Conditions of Employment Act (BCEA) does require employers to inform employees in writing of their particulars of…
Even when an employer finds an employee guilty of a serious offence this does not automatically entitle the employer to fire the employee. There are numerous possible remedies for misconduct which could include: Dismissal – the most severe corrective action Demotion – provided that the employee is given the choice of dismissal or demotion Suspension…
You can inadvertently guarantee a temp. employee further employment According to sections 193 and 194 of the Labour Relations Act (LRA) the awards and orders that can be made against the employer for unfair dismissal are as follows: The LRA requires the CCMA or Labour Court to reinstate the employee. This means that the employer…