How to play fairly

Finweek English Edition - - MONEY -

In or­der to pro­tect a busi­ness from hav­ing the max­i­mum pun­ish­ment be­ing in­flicted by labour laws:

1 En­sure that ev­ery em­ployee (yes, even the of­fice worker who only works one day a week) has an em­ploy­ment con­tract that is signed by both the em­ployer and em­ployee.

2 Gen­er­ally, regis­tra­tion with the Un­em­ploy­ment In­sur­ance Fund, the Com­pen­sa­tion Com­mis­sioner and South African Rev­enue Ser­vices is nec­es­sary for all staff (in cer­tain cases there may be ex­cep­tions for staff that work an in­signif­i­cant num­ber of hours in a month). Check that this is in or­der.

3 Es­tab­lish what pre­scribed pro­ce­dures need to be fol­lowed be­fore dis­miss­ing staff or even chang­ing the work­ing con­di­tions of any staff mem­ber. You need not em­ploy full-time labour con­sul­tants or even

subscribe to labour law pe­ri­od­i­cals to find the cor­rect course of ac­tion. An In­ter­net search or even go­ing straight to the CCMA or Depart­ment of Labour for guid­ance is far bet­ter than em­bark­ing upon an un­in­formed course of labour ac­tion, which may prove very costly if such con­duct is sub­se­quently proven to be un­fair to the em­ployee.

4 En­sure that you fol­low the cor­rect pro­ce­dure once it has been es­tab­lished. This pro­ce­dure will al­ways in­clude pro­vid­ing the em­ployee an op­por­tu­nity to pro­vide his or her ver­sion of events.

CCMA com­mis­sion­ers will, in­evitably, be more le­nient on er­rant em­ploy­ers that fol­low a fair pro­ce­dure even if that pro­ce­dure is found not to fol­low the ex­act let­ter of the law. Be­ware, how­ever, the em­ployer who plays un­fairly and is the play­ground bully.

Newspapers in English

Newspapers from South Africa

© PressReader. All rights reserved.