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.
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 […]
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.
OVERVIEW
1.7.1. The procedure for dealing with resignation
1.7.2. The procedure to follow in case resignation is withdrawn
FORMS TO DOWNLOAD
1.1.12 Applicant rejection letter / Certificate of Service
1.1.13 Employee Personal Details Form
1.1.14 Employee Resignation Form
OVERVIEW
1.6.1. Absenteeism versus Desertion
1.6.2. The Rule
1.6.3. The process to be followed when dismissing a deserter
1.6.4. The process to be followed when the deserter returns
FORMS TO DOWNLOAD
2.1.3 Desertion procedure
3.1 Absenteeism and Desertion Policy
OVERVIEW
1.5.1. Appointment of a facilitator
1.5.2. Sixty days allowed for consultation/facilitation
1.5.3. The consultation process
1.5.4. After the 60 days
FORMS TO DOWNLOAD
1.1.11 Notice of intention to retrench
1.4.6 Retrenchment advice
OVERVIEW
1.4.1. What is meant by retrenchment?
1.4.2. Under what circumstances can employees be retrenched?
1.4.3. Duty to consult
1.4.4. What selection criteria should be used?
1.4.5. How can retrenchments be avoided or minimized?
1.4.6. Timing of the dismissals
1.4.7. Mitigating the adverse effects of retrenchment
1.4.8. Severance pay
FORMS TO DOWNLOAD
1.4.6 Retrenchment advice – Example of letter terminating services
OVERVIEW
1.3.1. What are the signs of medical incapacity?
1.3.2. The procedure to follow in case of medical incapacity
1.3.3. Considerations of fairness
1.3.4. Guidelines in case of dismissal arising from ill health or injury
1.3.5. Confidentiality
FORMS TO DOWNLOAD
1.1.26 Investigation into incapacity due to ill health
OVERVIEW
1.2.1. Principles
1.2.2. Procedural and Substantive Requirements
1.2.3. The Disciplinary Hearing
1.2.4. Principles that will apply to Disciplinary Hearings
1.2.5. Proof on a balance of probabilities
1.2.6. Record keeping and administration after the hearing
FORMS TO DOWNLOAD
1.1.27 Disciplinary appeal form
1.1.28 Disciplinary report
1.1.29 Notice forms
1.1.30 Lodgement of a grievance
OVERVIEW
1.1.1 – Clarifying poor work performance
1.1.2 – Unable or unwilling to meet performance standards
1.1.3 – Procedure for dealing with poor work performance
1.1.4 – Considerations for dismissal for poor performance
1.1.5 – Parties involved
1.1.6 – Probationers and poor work performance
FORMS TO DOWNLOAD
1.1.11. Notice of intention to retrench
1.1.22 Performance Management Cycle and Forms
1.1.23 – Notice to attend a poor work performance counseling session
1.1.24 – Disciplinary finding for work performance
1.1.25 – Official record of poor work performance inquiry
1.2.4 – Dismissal for poor work performance : employees other than probationary employees
1.2.5 – Poor work performance counselling session
1.2.6 – Poor work performance hearing
1.2.7 – Checklist for dismissal for operational requirements
1.2.8 – Checklist for dismissals
1.3.2 – Notice of dismissal
2.1.6 – Poor work performance hearing
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