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Medical certificate as proof of incapacity

Medical certificate as proof of incapacity

It is almost a certainty that at some stage an employee will become ill, or is unable to attend work due to a medical condition or procedure. In some instances, an employee may be unfit to work for weeks, for example when an employee must undergo a major...

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Overtime – should I pay my employee?

Overtime – should I pay my employee?

In terms of the Basic Conditions of Employment Act (BCEA), an employee may only work overtime if there is such an agreement between the employer and employee. This agreement is only valid for a period of 12 months and must be renewed annually.   If an employee...

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Unemployment Insurance Act

Unemployment Insurance Act

The aim of the Unemployment Insurance Act, 63 of 2001 as amended, is to establish an unemployment insurance fund in order to alleviate the harmful economic and social consequences of unemployment. Employers and employees contribute to the fund and employees who become...

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Importance of presenting evidence correctly

Importance of presenting evidence correctly

During disciplinary and arbitration proceedings, the employer has a responsibility to present evidence to the chairperson or commissioner to prove its case.  Evidence is defined as: “the available body of facts or information indicating whether a belief or proposition...

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Leave and Public Holidays

Leave and Public Holidays

Leave is a vital issue where employers need to be informed of legal requirements and responsibilities involved in managing labour risk proactively as well as curbing unnecessary costs.Annual leaveAn employee is entitled to 21 consecutive days’ (excluding public...

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Policies and Procedures in the workplace

Policies and Procedures in the workplace

The relationship between the employer and the employee is based on mutual benefits and respect. Clear rules and guidelines ensure that friction and misunderstandings are kept to a minimum, which in turn promotes not only productivity but also a positive working...

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Moonlighting

Moonlighting

Moonlighting, refers to a situation where an employee holds secondary employment or runs a personal business while employed elsewhere. This is a common practice that can offer financial benefits to workers, however, it also presents potential risks and conflicts of...

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Grievance procedure and constructive dismissal

Grievance procedure and constructive dismissal

What is a grievance?  A grievance is any feeling of dissatisfaction from an employee regarding the employer, working environment, fellow employees, clients of the employer or any other aspect of the employment relationship. Dissatisfaction with regards to conditions...

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The art of conciliation

The art of conciliation

The Commission for Conciliation, Mediation and Arbitration (CCMA) in South Africa is an independent statutory body that facilitates the resolution of workplace disputes through conciliation, mediation and arbitration. It was established in terms of the Labour...

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