
Vicarious liability
Vicarious liability
Case study:
What is vicarious liability?
Legal principle:
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Article supplied by Narike Kachelhoffer, Evimeria Accounting and Labour Assist
Apart from the obligation to deduct your workers’ 1% contribution from their earnings, this must be declared and paid over to the fund together with the business’s statutory declarations. The South African Income Tax Service is only a payment option in respect of the fund. This is not a declaration to the fund. Therefore, the declarations of contributions by the employer must be maintained monthly through the Unemployment Fund’s platform at www.uif.co.za.
Workers can claim from the fund in the following cases:
There is also a death benefit available to the survivors of a deceased worker who made contributions to the fund.
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If paid sick leave is not due, there are two options:
An employer is not required to pay an employee in terms of Section 22 of the BCEA if the employee has no available sick leave days, does not provide a valid medical certificate when required to do so, or is absent without the employer’s permission.
In general, if a valid medical certificate is provided, the absence should be dealt with as a form of incapacity as the employee is inherently unable to meet fixed performance standards due to ill health. When the employer however suspects abuse of sick leave, it is important to follow a fair process to investigate a claim of misconduct to produce evidence.
Ask these questions to determine if the employee’s behaviour amounts to misconduct or incapacity:
Consider these two procedures in serious cases of incapacity or misconduct:
It is important that employers deal with issues in the workplace as quickly and effectively as possible, while taking care to act objectively and consistently. By being proactive, the employer can greatly contribute towards the business’s sustainability and profitability and ensure a working environment with reduced conflict, friction and misunderstanding, which in turn creates a structured environment receptive to growth.
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Restraint of trade agreement
Confidentiality agreement
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Several time wasters in the workplace are counterproductive. Employers should take note of the following:
Apart from not being at work, absenteeism also means:
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