employment and labour law south africa

Employment and Labour Law

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 retirement employee at seventy

In the current economic climate; questions about retirement are becoming a more common and often asked query.

We received this query last week for example.

“Hugh,

I am a widow now 59 years old and have been working for nearly 18 years for the same company. The office manager recently came into my office and told me that I will have to retire when I am 60 as that is the age everyone retires from the company. I had heard that most people retired at 60; but was hoping that I could stay on till I was at least 65 so as to build more of a nest egg for myself. I was shocked and did not respond to him. Am I obliged to retire at age 60 or am I allowed to continue working till I am 65?”

Dismissal

An employer cannot just dismiss you without a fair and impartial disciplinary hearing.

Last week; we received the following email inquiry.

“I was recently fired as a manager of a retail clothing company. The company held me responsible for a certain stock theft that happened under my watch, claiming that I was negligent in my duties. I was asked to leave without any prior verbal warnings, written warnings or even a disciplinary hearing.  Surely, I should at least have been given a fair opportunity to give the company my side of the story and to and show them that I was not negligent in any way in the execution of my duties and that I was in fact innocent. Please advise.”

You are absolutely correct.

We get asked both telephonically and by e-mail a number of questions on Labour Law which come up time and time again and so we thought we would just answer certain of these questions in this short blog so that the answers are there for all to see.

In the matter of Mashinini v Barrel & Beef restaurant, CCMA Arbitration FS1420 the question of whether a dismissal was fair or not was the issue in the Arbitration Hearing.

We had an interesting scenario and query raised with us last week.

It was an inquiry from an employer whose employee had helped himself to money that was due to him.

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South Africa

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