Industrial issues

THIS IS the time of year when school-leavers enter the marketplace, excited about starting their working life.

Like other employees, schoolleavers sometimes receive a rude awakening when, on their first day on the job or when they receive their employment contracts, they find their terms and conditions of employment are different from what was advertised or agreed on during the interview.

For example, there can suddenly be a restraint agreement or a probation period. Or the job’s not permanent but temporary.

For the uninformed employer, this could also be the start of a legal battle they were not aware could exist. For example, there could be an unfair labour practice or constructive dismissal claim.

Many unscrupulous employers take advantage of their employees by not complying with basic employment requirements that are provided for in legislation.

Conversely, many employees are not aware of legislative requirements that regulate, for example, the maximum ordinary working hours permitted, when overtime pay is required, overtime payment for work at weekends, entitlement to paid leave, and so on.

Laws like the Basic Conditions of Employment Act regulate an employee’s entitlement to these, as well as other terms and conditions.

Ignorant or unscrupulous employers often refer to new employees as “casuals” or “temps”, when their manner of employment in practice, and in terms of the law, clearly indicates otherwise.

In terms of the act, certain employment benefits are excluded only for employees working less than 24 hours a month. This means, for example, that employees working more than 24 hours a month are legally entitled to paid leave.

Employees sometimes get a rude awakening when, after accepting a job offer and resigning, the new employer reneges on the job offer.

Case law bestows upon such persons certain legal remedies which could lead to the employer having a fer, or a company or employment agency letter or SMS confirming a job offer and its principal terms could be enough.

Too often employees resign from a job on the strength of a new offer that is made verbally, through an employment agency or directly by an employer, only to discover on joining the new employer that things are not so rosy.

In practice, these are the thorny issues:

Suddenly a probation period is in-