JHG Personnel Practitioners Membership Program

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JHG Personnel Practitioners is a Human Resources Management firm established in 1991 with the sole purpose of providing effective services and solutions to our clients to improve their human resources management functions.

We seek to add value to our clients’ business through a careful analysis of our clients’ specific needs and providing customized solutions for every client.

Our employees are highly knowledgeable and experienced on all issues revolving around labour matters across several industries including construction, agriculture, hospitality, wholesale and retail, textile and several other industries.

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Those 24-Hour Notices

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Many an employer has had to contend with the 24-hour notice problem. What usually happens is an employee is appointed and then trained at a cost to the employer.A contract of employment is signed which normally has a clause stating that a month’s notice should be given at termination of the contract by either party. Then one morning the employee gives notice, in writing or not, and they want to leave the next day.

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Public holidays in 2015

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Public holidays in 2015 Employers and employees, please take note of the following remaining public holidays for 2015: Human Rights Day, Saturday 21 March Good Friday, Friday 3 April Family Day, Monday 6 April Freedom Day, Monday 27 April Workers’ Day, Friday 1 May Youth Day, Tuesday 16 June National Women’s Day, Sunday 9 August […]

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Temporary Employees – The 2015 Landscape

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Temporary Employees – The 2015 Landscape

By Judith Griessel, Griessel Consulting

The Labour Relations Amendment Act came into operation on 1 January 2015 and places significant restrictions on the use of ‘non-standard’ employees, including fixed term and part time contracts. Employers would be amiss if they do not take note and adapt their employment policies and practices accordingly.

A limited duration (fixed-term) contract is one entered into for a temporary period. It terminates due to effluxion of time on:

the occurrence of a specified event;
the completion of a specified task or project;
a fixed date (other than normal/agreed retirement age).
There are a number of risks for employers associated with making use of temporary employment. Some of these risks always existed, however specific statutory protection has now been added in respect of certain categories of employees.

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Short term gain long term pain: Probation disguised as a fixed term contract

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How does one get rid of an employee who does not meet the employer’s expectations? The idea of a fixed-term contract might seem a good solution. You merely inform the employee that the fixed-term contract has expired. However, this approach is flawed as indicated below.

It is not an uncommon practice for an employer to appoint someone for a fixed term of, say, three months, and then to make the appointment permanent if the employee has shown his or her mettle during that specific period. If the person does not meet the required performance standards or does not fit in with the business, the employer would merely inform the employee that the fixed-term contract has expired.

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Changing a disciplinary sanction

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A chairperson in a disciplinary hearing finds an employee not guilty of a serious transgression while senior management believes the person should have been found guilty. Or the employee is found guilty but, contrary to what the employer expects, is given a sanction short of dismissal. May management interfere and, for example, conduct a fresh hearing before another chairperson? May a sanction less severe than dismissal be increased and, if so, must a further hearing be held before this can happen?

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Medical Certificates – Dispelling the myths

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A number of myths exist regarding medical certificates, e.g. that employers cannot address employees regarding their absenteeism due to medical reasons until the employees have exhausted their sick leave in a particular cycle that
employees can stay away from work for up to two days, often linked to weekends or public holidays, without being ill, or that medical certificates cannot be questioned..

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Contracting out of the labour relations act

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Imagine a situation where an employer does not have job vacancy, but agrees to accommodate a person as a favour. The person is employed with the clear understanding that if things do not work out, the contract may be terminated without the employee having recourse to the remedies afforded by the Labour Relations Act. Can this be done?

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