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The Purpose Of Using An Incident Misconduct Report

Employment Law , ,

Many businesses tend to overlook the importance of an incident / misconduct report form. This in turn leads to tricky situations where if prevented from the start, can be avoided. However, in order to initiate this pro-active response it is important to understand why they are so important and how Joblaw East London can help you and your business.

  1. Incident / misconduct report forms, form part of the investigation process and is not a warning in itself.
  2. The completed form, with both parties versions is to be sent to our offices and from there we assess the incident report and determine the appropriate action to be taken. If a warning or notice of hearing needs to be drafted from the incident report form, then we do such and send it through to the employer/manager for issuing on the specific employee/s

Progressive discipline forms a vital part of any disciplinary process. Regulation indicates that we need to have both the employer and the employee’s versions before a warning can be issued. If a warning is declared unfair, and such warning was used in the progressive discipline in the placement and subsequent dismissal of an employee, it could be found by the CCMA that the whole dismissal was unfair.

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Ensuring My Employees Understand Meal Intervals

Employment Law , ,

An Employer must give an employee who works continuously for more than five hours a meal interval of at least 60 continues minutes. An agreement in writing (Contract, or addendum/ annexure to contract) may reduce the meal interval, but not less than 30 minutes. An agreement may also dispense meal intervals if an employee works less than 6 hours On one day.

An Employer may request an Employee to work in their meal intervals if the duties cannot be left unattended and cannot be performed by another employee. But the Employer will need to remunerate the Employee for said meal intervals.

An Employer will also be required to remunerate an Employee if the meal intervals are in excess of 75 minutes, unless the Employee lives on the premises at which the work is performed, or workplace is situated

An Employer should encourage an Employee to take their meal intervals, as failure to do so may have risks to the Employer and Employee

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Ensuring My Employees Understand Family Responsibility Leave

Employment Law , ,

An Employee who has been working for the Employer for longer than 4 months and who works more than 4 days a week will be entitled to a total Of 3 (Three) Family responsibility leave days each leave cycle. (12 months)

This leave can be taken when there is a death Of the Employees direct family member

(Spouse, life partner, adoptive parent, grandparents, child, grandchildren or sibling) and/ or when the Employee’s child is sick.

The Employee is only entitled to a total Of 3 (three) such family responsibility leave days in a 12 month cycle and may take part Of / or the full day at any time, after notice has been given to the Employer.

Upon request from the Employer, the Employee should provide reasonable proof to the

Employer and only thereafter is the Employer required to pay the Employee for said days

Unused Family Responsibility leave does not accumulate and / or role over to the next year, any unused Family Responsibility leave, will lapse and the Employee will forfeit these days in the next cycle.

This article aims to provide general information and does not constitute legal advice.

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Can You Withhold Remuneration Due To An Employee Who Gives 24H Notice

Employment Law , , , ,

The Basic Conditions of Employment Act sets out minimum requirements to notice period(s) that must be adhered to by Employer and Employee.

The provisions are seven days if the employee worked less than six months, two weeks if the employee worked more than six months but less than a year and four weeks if the employee worked for more than a year. Employees who fall under Bargaining Councils or a Sectoral

Determination will also be held liable to serve out the applicable stipulated notice period in accordance with its collective or main agreement.

If an employee tenders a resignation with insufficient notice period the employer will not be permitted to deduct any monies for the notice period not worked by the Employee. The Employee will however be in breach of contract and the Employer will instead have recourse to hold the employee liable for the notice period not served

The Employer can therefore seek relief from the courts in this instance and sue the employee for damages or apply for specific performance required from the Employee.

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