Contents
1. WHAT IS ARBITRATION?
2. WHEN CAN A MATTER BE REFERRED?
3. HOW IS A DISPUTE REFERRED?
4. TIME LIMIT
5. THE ARBITRATOR
6. LEGAL REPRESENTATION AT ARBITRATION
7. WHAT HAPPENS AT ARBITRATION?
8. AWARDS IN UNFAIR DISMISSAL DISPUTES
Downloadable Forms Click here to access these documents in the Forms section
Form 12.1 – Outline: Arbitration process
From 12.2 – Arbitration/Adjudication awards
May employers exclude candidates for employment based on the fact that they have a criminal record, or may an employee be dismissed if the employer discovers that an employee has a criminal record?
COSATU gave notice to NEDLAC of their intention to embark on nation-wide protest action on Monday, 7 October 2024. What does this mean for employers?
If an employer contemplates dismissing employees based on operational requirements (retrenchment), the Labour Relations Act (LRA) requires the employer to follow certain procedures. However, may an employer approach employees informally and strike a deal by signing a mutual separation agreement, thereby avoiding the legal technicalities of the LRA?
The challenge of dealing with irregular or ‘fake’ sick notes continues. Taking disciplinary action against employees may backfire, as happened in the case of Woolworths vs Maseko and others (2024) LAC.
This year 16 June (Youth Day) falls on a Sunday. Therefore Monday, 17 June, is also a public holiday. So, what must employees be paid?
I bought a vehicle from the business owner. We agreed that he would deduct R5700-00 per month from my salary. Today he asked me to sign away my salary for the month of April to lessens the amount that I owe him. That means I wont be able to pay my rent or buy any groceries. What law is there to stop him from taking my net pay end of April.
Reply to Henriette: In terms of section 34(1) of the BCEA no deduction may be made from your salary without your written agreement.
To whom it may concern,
I have a question relating to a deduction my employer made on my salary, that I consider to be unjust and unlawful. However I do not know how to sort the issue out, as I know my boss will be unhappy with me questioning him.
Basically what happened is that I referred my boss to some one that could assist him in tracing a client that stole merchandise from us. My boss dealt directly with this person and paid him an amount of R3000 and then again R2000. Then the agent did not hold up his side of the deal and could not find the client.
Now I was never a part of this deal, however my boss now hold me responsible for the R5000 he lost, as I referred him to them. Today my boss informed me that he is deducting the R5000 from my salary this month. He has subsequently taken the money off my salary without my consent to do same.
What are my rights in this regard?
Reply to Chris: Deductions without written consent are impermissible. I suggest you first discuus the matter with your employer. Alternatively you can approach the Dept of Labour.