|INDUSTRIAL RELATIONS AND |
|LABOUR LEGISLATION |
| ...view middle of the document...
• Clearly identify the legislation, which is applicable to your answer, as well as the specific sections in the legislation.
• You solution to the questions should be well researched, holistic and objective
To assess whether you can:
• Understand and can apply the legislation
• Research and read broadly in the subject matter
• Correctly identify and assess the impact of legislation on the organization
• Correctly identify issues
• Provide the correct legal advice to the situation
• Preparations is thorough and issues are well documented
• Clear reasoning is demonstrated
• Language and appropriate level
1. How many hours per week can my employer compel me to work without paying me overtime?
2. When should overtime be paid and against what formula?
3. Must I work overtime when my company does a stock take?
4. Is it compulsory to have a written contract of service?
5. If I am threatened or forced by my employer to sign documents or perform a "not job related" task, what are my rights?
6. My gardener did not want to sign a contract with me. He/She also cannot write or even read properly. What must I do regarding an attendance register? (Take into consideration that I leave home before she starts to work)?
7. What are the steps to take if I want to discharge my employee?
8. What proof is necessary if an employee alleges that he/she was discharged without notice and the employer in return alleges that the employee absconded without notice. (No one of the parties have any witnesses)
9. Can I discharge my employee, with immediate effect if he turns up for work and is drunk? (I warned him previously for the same offence)?
10. When can you dismiss somebody e.g. for negligence, must there be a disciplinary code?
11. Is it fair to dismiss somebody if sick leave is exhausted?
12. I went home for December holidays, and I was supposed to report back on the 2nd of January. My child got sick, and I could not make it on the 2nd, as I had to take my child to hospital. I tried to phone my employer but in vain. On my arrival at work on the 6th of January my employer refused me entry, what are my rights?
13. My employee assaulted his/her co-worker, can I dismiss him/her?
14. I was fired and was not given any notice what can I do?
15. When can an employee be regarded as absconded?
16. When does a written warning expire?
17. Is there any legislation that protects the interest of the employer by preventing employees leaving as they wish after the employer has spent resources training them?
18. My employer told me to go home because he says that I was 5 minutes late and I want to know if he must pay me?
19. Can I deduct notice money from the employee when he didn’t give me notice and can I make a case if he has no money to deduct the notice from?
20. Can employers deduct damage costs from salaries of employees?