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Employer assistance
Assistance for our Members (National)

Tel: 0860 522687/ 0860 LABOUR

Established in 2000

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For only R85/pm protect yourself against:

  • Unlawful retrenchments;
  • Unfair dismissal;
  • Harassment;
  • Non Payment of salary... and much more

·Abscondment, Absenteeism, AWOL
·Abusive Language
·Affidavits and Sworn Statements
·Affirmative Action
·Age Discrimination
·Alcohol Use
·Annual Leave
·Awards and Execution
·Automatically Unfair Dismissals
·Bargaining Councils
·Basic Conditions of Employment
·Employee Benefits
·Black Economic Empowerment
·Breach of Employment Contracts
·Bonus and 13th Cheques
·Car Allowances and Travel Allowances
·Certificates of Service
·Child Labour
·Codes of Good Practice
·Common Labour Law Rights
·Compassionate Leave
·Compensation Disputes
·Compensation for Occupational Injuries and Diseases
·Conflict of Interest
·Constitutional Rights in the Workplace
·Constructive Dismissal
·Contempt for Proceedings
·Contracts of Employment
·Contractual Capacity
·Contract of Service
·Criminal Acts in the Workplace
·Damage to Property
·Damages Claims against Employer
·Denial of Benefits
·Derivative Misconduct
·Disciplinary Offences
·Disciplinary Hearings
·Disciplinary Sanctions
·Disclosure of Information
·Dismissal for Operational Requirements
·Dispute Resolutions
·Domestic Worker Disputes
·Double Jeopardy
·Drug Use
·Duties of Employees and Employers
·Education and Rights
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·Employment Equity
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·Employment Rights
·Essential Services
·Estoppel and Authority to Act
·Fair Labour Practices
·Family Responsibility Leave
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·Fines in the Workplace
·Fair and Unfair Labour Practices
·Final Written Warnings
·Fixed Term Contracts of Employment
·Forced Labour
·Formal Grievance Procedures
·Fraudulent Non Disclosure
·Freedom of Association
·Gender Discrimination
·Grading and Increases
·Gross Insubordination
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·Health and Safety
·HIV/ AIDS and Workplace Rights
·Hours of Work
·Ill Health and Incapacity
·Income Differentials
·Indefinite Period Contracts
·Incompatibility and Dismissal
·Independent Contractors
·Increase in Salaries
·Injury on Duty
·Interception of  Communication
·Intoxication on Duty
·International Labour Organization
·Job Security
·Joint Decision Making
·Labour Brokers
·Labour  Relations Act
·Letter of Appointment
·Lie Detectors and Polygraphs
·Locatio Conductio operis
·Managerial Services
·Master and Servant Laws
·Maternity Leave
·Matters of Mutual Interest
·Meal Intervals
·Medical Testing in the Workplace
·Mergers and Transfers of Business
·Minors Rights
·Minimum Wages
·Misconduct and Dismissals
·Multinationals and Internationals Labour Rights
·Nedlac and Government Policy
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·Notices of Termination, Disciplinary Hearing etc
·Novation and Contracts
·Occupational Health and Safety
·Operational Requirement No Fault Dismissals
·Organizational Rights
·Parity Principles
·Polygraph Testing
·Poor Work Performance
·Pornography in the Workplace
·Pre Dismissal Arbitations
·Preparation for Hearing or Grievance
·Protect Action
·Provident Funds
·Public Holidays
·Public Service Labour Relations
·Reasonable Expectations and Resulting Rights
·Recruitment and Appointments
·Re Employment
·Re instatement
·Remunerations and Pay
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·Rescission of Awards
·Restraint of Trade Agreements
·Rest Intervals
·Rights in the SANDF
·Religious Intolerance
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·Sale of Business
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·Selective Dismissal
·Selective Non Re Employment
·Self Defense
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·Severance Pay
·Sexual Harassment
·Shrinkage and Theft
·Sick Leave
·Skills Development and Training
·“Status Quo” Orders
·Stay -aways
·Summary Dismissals
·Sunday Work
·Take Overs and Transfers of Business
·Tax Liability, UIF, PAYE etc
·Tea Breaks
·Team Liability
·Telephone Tapping
·Temporary Employment Service
·Termination of Employment
·Time Related Offences
·Training Committees
·Transfer of Business
·Transfer of Employees
·Unemployment Insurance Fund
·Unfair Labour Practice
·Unauthorized Absence from Work
·Unauthorized Use of Company Property
·Unilateral Changes to Contract or Allocated Functions
·Unlawful Instructions
·Vicarious Liability
·Workplace Forums
·Written Warnings
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Correct Procedure

Consultation must take place as soon as the employer contemplates retrenchment. Consultation must take place -
= with a workplace forum.
= with a registered trade union whose members are likely to be affected or
= with the employee/s likely to be affected.

An attempt must be made to reach consensus on -
= avoiding the dismissals (examples could include adjusting working hours, eliminating temporary labour, eliminating overtime, offering early retirement);
= minimising the number of dismissals;
= the timing of dismissals;
= ways to lessen the effects of the retrenchment;
= the method for selecting the employees to be dismissed; and
severance pay.

Disclosure information in writing

An employer has to disclose relevant information in writing, including the -
= reasons for retrenchment;
= alternatives considered and why they were rejected;
=number of employees likely to be affected and their job categories;
= proposed method of selection;
= timing;
= severance pay proposed;
= assistance that the employer will be offering (examples could include offering employees time off to attend interviews, early release should a new job be found, issuing letters of reference, psychological counselling); and
possibility of future re-employment.

Opportunity for feedback

The employer must give the other consulting party an opportunity to make presentations that must be considered and be responded to.

Criteria for selection

If no agreement is reached on the criteria for selection, criteria must be fair and objective. The LIFO (last in first out) principle is often applied, but is not the only consideration. Staff with key skills may be retained anda poor performance record may be taken into consideration.


The following payments need to be made -
- Severance pay
Employees should be paid at least one week’s remuneration for each completed and continued year of service. (‘Remuneration’ includes basic salary, payment in kind and discretionary payments related to working hours or performance).
Should an employee unreasonably refuse an offer of alternative employment he/she will not be entitled to a severance package.
- Outstanding leave to be paid out.
- Notice pay
If employed for less than six months - one week's notice; if employed for more than six months but not more than one year - two weeks' notice and if employed for more than a year - four weeks' notice. Domestic and farm workers, who have been employed for more than six months, must receive four weeks’ notice. The employer may require employees to work/not to work during the notice period.
- Other
Depending on the employment contract, the following may be relevant - pro rata payment of bonus, pension and provident fund. If relevant, ensure that blue card is issued.

Relevant Legislation
Labour Relations Act, s189
Basic Conditions of Employment Act, s35, s37 and s41