Employers have been avoiding liability for unfair labour practice claims relating to “benefits” for some time. It has been argued, often successfully, that the CCMA lacks jurisdiction where a dispute about benefits relates to remuneration. This and other barriers have since been eroded significantly.
SENIOR STAFF AND FIXED-TERM CONTRACTS: A Warning for Employers
Fixed-term contracts can create unexpected risks for employers, particularly where senior staff and contract renewal are involved. What should employers consider before relying on the contract’s expiry?
Is it lawful for an employer to reduce the salary of a permanently employed worker for no reason
Reply to Handsome Tenisi: An employer has to obtain the agreement of an employee to reduce the employee’s salary – it may not be done unilaterally.
Would this be applicable to a discretionary bonus that is linked to company as well as personal performance
Reply to Carmelita: Yes, it would apply to all cases where employees allege that they have been unfairly treated compared to others. However, where a discretionary bonus is denied due to company performance, it is likely to be applied across the board in which case there should be no basis for declaring an unfair labour practice.