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May an employer pay its employees a flat rate (e.g. including pay for overtime worked, work on Sundays and public holidays, sick leave, family responsibility leave)?
Just when we thought the law on dismissal after retirement was clear, the Constitutional Court (CC) befuddled the issue with a three-way split decision. Where does this leave employers?
The national minimum wage (NMW), will increase with effect from 1 March 2025. There will also be an increase of the minimum wage in certain specified sectors.
The Minister of Home Affairs has announced an extension of Lesotho Exemption Permits (LEP’s) until 28 November 2025.
The Minister of Home Affairs announced a further extension for Zimbabwe Exemption Permit (ZEP) holders until 28 November 2025. But what about other undocumented foreigners in your employ?
May an employer use behavioural characteristics (e.g. initiative, enthusiasm and determination) as criteria to select employees for retrenchment?
If an agreement was made by the company director to pay for overtime worked although the conditions of service stipulate that time off must be taken can a manager overturn this rule 4 years down the line?
Response to Peter: The point of departure is that overtime rate has to be paid for overtime worked. However, the BCEA makes provision for a deviation from this provision if the parties agree that time be given off in lieu of overtime. In your case it is not clear exactly what the agreement is. That would have to be established in order to provide a proper answer to your question.