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Check out Measuredability’s General Articles Section

CHOOSE CAREER PATH

WHAT CAREER PATH SHOULD I CHOOSE?

in General

CHOOSE CAREER PATH

Measured Ability SA

 

WHAT CAREER PATH SHOULD I CHOOSE?

 

The step-by-step guide

 

When you start thinking about your future and choosing your career path, your heartbeat may increase and your brow may sweat, but never fear; the complete guide is here!

No need for settling, no need for dreading work; here are some of the best ways to make sure you choose your career wisely.

 

 1.

 What are you passionate about? Explore those fields.

CHOOSE CAREER PATH

What are some of your hobbies?

What do you like doing?

Once you have a better idea of that, start exploring the different job opportunities within the parameters of what you like, or possibly what you are good at.

You don’t have to only explore your likes, or interests, but understanding this provides you with a good starting point. Also, don’t compare yourself to others, choose a path that YOU would enjoy and perform the best in.

No matter if you are analytical, practical, creative or technical, you may even be a socialite; there will definitely be a range of career paths that will suit you.

 

2.

Now that you have jotted down your skills – Use them.

By now you should have written down your skills, qualifications, like, dislikes and experience. With this information you can further refine your potential role research, and have them actually play to your strength.

Bare in mind, no matter how well you excel within different skills, hard work will always pay off and there is always more to learn, but those skills you possess will make it easier to find an achievable job prospect.

This also means that your strengths will be recognised and used to their maximum potential. You don’t want to be stuck in a career that doesn’t use the skills you have developed.

 

3.

 You may not enter the perfect job straight away, but you can always plan it out.

CHOOSE CAREER PATH

Once you have made your decision, think about the steps you may have to take to work your way into your dream position in the career path of your choice. If you are a people’s person, and have great sales and customer service skills, your chances of becoming the Sales Director is greater, especially if you are willing to start from the bottom and learn all the tricks of the trade.

Also ask yourself: is what I’m study going to bring me closer to my dream? Is the experience I’m gaining beneficial? If not, consider changing your game plan.

Remember, if you feel stagnated in your current job, there are courses you can take, volunteering groups and further educational training. These steps also help you better understand your value, and it makes you more employable.

Also, remember that a field of work is far more than a single job. Fields are broad; try looking for 5 jobs within that field

 

4.

Experience is key.

So, the well-known double edged sword of, how do I gain experience, if I need experience beforehand?

People seem to forget about work experience and internship opportunities, and this is a good place to start. Within these, you will be able to use the skills you have in a practical fashion, in a work environment. You will also gain more skills while doing so. If you work hard, it may turn into a permanent position and you may leverage key connections within the industry. Networking is very important.

Learn as much as you can about the qualifications needed to enter this field.

Even if the position doesn’t work out, you have still learnt something, and knowledge is invaluable. You’ll also have a better idea of what you truly want to do.

Here is a list of current internships in SA.

 

5.

 Always research what the career actually entails.

CHOOSE CAREER PATH

Remember, nothing is what it seems, until you’ve dug a little deeper.

Speak to people in the industry, try and get an idea of what their day to day tasks are, and what sort of lifestyle they lead.

Lifestyle is extremely important. A high status roll like a doctor or a lawyer may seem great, but they aren’t for everyone.

Dedication is key to any career, so make sure you can commit to your chosen career path.

 

6.

Expectations, don’t make them too high.

Be realistic when setting goals and looking for your future career path. As much as we all want to follow our childhood dreams, if they aren’t attainable, your career may not go anywhere.

Go into every career with an open mind. Expectations can trump the reality of the job and you may not enjoy it as much as you thought because you set them too high.

For example: You may not like your job at first, but by keeping an open mind, it may turn into the best career decision you could ever make.

You also don’t want your CV to put forward the notion that you are a ‘serial job happier’.

Keep this in mind: Leaving a job after 6 months because you have realised that career choice is wrong for you is acceptable. Leaving after a day is not.

 

Let’s have some fun:

https://www.buzzfeed.com/ashleyperez/what-career-should-you-have?utm_term=.xmglXxYZb#.ik31DrQ4W

We hope that this read has helped you move along to your dream career. For more information on how to write a CV, how recruitment agencies work and more visit https://measuredability.com/blog/

CV

Part 1: About Me – How To Make Your CV Stand Out

in General

Part 1: “About Me” – How To Make Your CV Stand Out

CVIn a world where the job-seeker pool is rather saturated, people are looking for different ways to make their CV’s stand out, and stay memorable. This thought process can also be used when updating your personal bios on different social media platforms and professional networks.

The first way, by updating your “About Me” we will discuss today, but be sure to stay tuned for more tips in the future!

Did you know the average time spent by recruiters looking at CV’s is around 5-7 seconds?

So, how does one make their CV stick in the minds of their possible future employers? Without making it seem silly? If you don’t know how to write a CV, go here.

The first way, we will discuss today, but be sure to stay tuned for more tips in the future!

ABOUT ME:

Your “About Me” is one of the first things an employer sees, or looks for when going through a candidates CV. One thing to remember, don’t make the mistake of focusing only on your professional history, throw in an interesting and fun fact about yourself, let the employer find out about your personality.

Personality is an important facet, as each organisation has their own organisational culture. Some people fit in better than others, and to maintain a great work environment, employers’ make sure candidates also have what it takes to gel with their colleagues.

Who you are and what you have accomplished, go hand in hand.

Some questions you can ask yourself before writing your “About Me” are as follows;

  1. What is this one accomplishment you are most proud of?
  2. Do you have any hidden talents most people don’t know about?
  3. How did people describe you in highschool?

You want your CV to be easy to read, but you also don’t want it to be boring. Remember not to go too of topic, and try connect your ‘About Me’ to the type of job you are applying for. Always do your research.

 

 

Overtime Pay

All you need to know about Overtime Pay

in General

Overtime Pay

 

Working times and overtime are regulated by Chapter two of the Basic Conditions of Employment Act.

The act applies to all employees except members of the South African Defence Force, National Intelligence Agency, State Security Agency, and unpaid volunteers working for a charitable organisation. Workers engaged in emergency work are excluded from certain provisions

 

Certain sections, including the sections on overtime, are also not applicable to:

  • Senior managerial employees
  • Sales staff who travel to customers and regulate their own hours of work
  • Employees who work less than 24 hours a month for an employer
  • Employees who earn more than the threshold amount (at time of publishing this was R205,433.30 per annum or R17,119.44 p/m)

 

The act states that the maximum ‘normal’ hours of work are 45 hours per week. The maximum ‘normal’ hours in a day would be 9 hours a day if the employee normally works 5 days or less a week, or 8 hours a day if they normally work more than 5 days a week.

However, this does not mean that an employee must always work a 45 hour week before overtime kicks in. The normal hours would be as per the contract signed by the employer and employee and could be less than 45 hours. If the employee normally works 40 hours a week, then any hours over 40 would be regarded as overtime.

Those earning above the threshold need to negotiate with their employer what their normal hours would be and this could be more than 45 hours.

Meal breaks are not included in the calculation of working hours and are unpaid. (However, an employee must be paid for the portion of a meal break that exceeds 75 minutes, unless they live on the premises.) So if an employee works a nine-hour day and has an hour meal break, they will be on-site for 50 hours a week but are still seen as working for only 45 hours. A meal break is normally an hour but can be reduced to 30 mins by contractual agreement.

Overtime can not be compulsory, and an employee cannot be expected to work overtime on short notice unless they have contractually agreed to do so. Having said this, an employee cannot refuse to work overtime if the work required must be done without delay owing to circumstances which the employer could not have planned for, such as repairing a machine that has broken down.

The maximum permissible overtime in a week is 10 hours in any one week or 3 hours in any one day. Employees earning less than the threshold should earn 1.5 times the normal rate of pay for any overtime except on a Sunday or public holiday when they should earn double pay. However, if the employee normally works on a Sunday, then work on a Sunday would be paid at 1.5 times their normal rate.

By agreement, the employer may give the employee paid time off instead of paying the employee for overtime. In this case, the employer must give the employee time off calculated using the same formulas (ie. one and a half or double the hours, depending on when the overtime was worked). This time off should be granted within one month of the overtime being worked, although this can be extended to one year by agreement. The parties can also agree to a combination of pay and time off.

Employees who earn over the threshold have no right to demand extra pay for working overtime. Nor can they demand time off for overtime worked. However, they still must agree to any overtime and cannot be forced to work overtime, or work overtime without compensation, unless they have agreed to do so. Whereas they don’t have a right to demand these things, they do have a right to negotiate for them.

It is important to note that any agreement reached on overtime during the first three months of working will expire after one year, and a new agreement needs to be reached.

Need Staff?

 

The Measured Ability group provides recruitment and labour broking services for all industries, all over South Africa as well as other parts of Africa and the Middle East. We can provide candidates for permanent or temporary placements, or we can hire out our own employees to you, which means we become responsible for all admin including payroll, leave (and overtime) admin, Industrial Relations and much more. Contact us for more information.

Need a Job?

Search through our latest vacancies, or send us your CV and let us help you to find the perfect job.

 

Maternity Leave South Africa

How does Maternity Leave Work in South Africa?

in General

Maternity Leave in South Africa

 

The Basic Conditions of Employment Act states that employers need to give female workers at least 4 months of consecutive maternity leave. This is generally unpaid leave, although in some cases a collective bargaining agreement or your contract may provide for partial payment or full payment for some, or all of that time. Such an agreement or contract might also allow for more than 4 months of leave. If you do not get full pay whilst on maternity leave, and you have been contributing to the UIF for at least 4 months, then you are also able to claim UIF. Please see our post on Maternity Leave UIF.

You are allowed to start your maternity leave up to 4 weeks before the due date, although you can start sooner if it is necessary for your health or that of the baby. You can also work right up till your due date if you feel you are able to, in order to spend more time with your baby. The BCEA states that a worker should not go back to work within 6 weeks after the birth, unless a doctor has certified her to do so.

In the event of a stillbirth or miscarraige in the third trimester, you are entitled to 6 weeks of leave, whether or not you have already started maternity leave.

If you are given paid maternity leave, then your company might want you to sign something saying that you will pay back the leave pay if you do not return to work after your leave is finished.

It is possible to ask for less strenuous work, fewer hours, or to be taken off of night shift when returning to work, if this is practical for your employer. If you are breastfeeding, there may be other issues regarding the health of your baby if you are working with chemical or biological hazards. You employer cannot expect you to do work that could endanger you or your baby while you are nursing. They also need to give you time off if your newborn baby is ill. This is all covered by the code of good practice on the protection of employees during pregnancy and after the birth of a child.

Fathers are normally entitled to three days of family responsibility leave after the birth of a child, as long as they have been working for more than four months and for more than 4 days a week.

 

How much notice should I give?

 

Generally four weeks written notice must be given to the employer before starting maternity leave, and this should state the dates when the leave will start and finish. However the earlier you give them notice the better, so that they have time to arrange for what is going to happen with your workload while you are away. It’s best to have a discussion with your HR team regarding how maternity leave works in your organisation. While it is your manager’s responsibility to allocate your work to other colleagues, it would probably be appreciated if you could provide some kind of suggestion for how your work could be re-distributed.

 

Protection from Dismissal

 

It is illegal to fire someone for becoming pregnant (or intending to do so) or for taking maternity leave. The law considers it an unfair dismissal if an employer does not allow an employee to return to work after her maternity leave. It may be the case that the position is not necessary any longer, and that the employee would have been retrenched if not on maternity leave, but in this case the employer is supposed to make every effort to offer an alternative position.

Adoption Leave

 

While the Unemployment Insurance Act provides for similar benefits for workers who adopt as for those on maternity leave, the BCEA does not provide for adoption leave in the same way that it provides for maternity leave. At this point any adoption leave will need to be negotiated with your employer.

Disciplinary Procedure

What are the Disciplinary Procedures in South Africa

in General

Disciplinary Procedure

 

Discipline is, for most people, a fairly unenjoyable but necessary part of labour relations. It is essential for a smooth-running business to have some form of the disciplinary procedure.

South Africa labour legislation does not set out any specific steps that need to be taken when conducting a disciplinary enquiry. But the following can be taken as a guideline for how to proceed. Please note that the following procedure would not substitute any collective agreement on disciplinary procedures. Parties may also, by mutual consent, approach the CCMA or bargaining council for arbitration.

It is important to have clear rules and to communicate those rules to your workforce. Some rules may not need to be specified as they could be seen as obvious. For example, breaking the law by stealing from the workplace or assaulting a colleague or superior are not really necessary to specify, as everyone should already know that such behaviour is not permitted.

It is good to keep the following in mind when engaging in disciplinary procedures:

  • You should not discipline yourself when you are angry or upset.
  • Discipline should be applied as soon as possible after the relevant incident.
  • All other possible outcomes should be explored before dismissal is applied.
  • Gather all of the facts, and ensure that proper procedure is followed.
  • If disciplining a union representative or shop steward, then the union needs to be consulted and informed before going forward with any disciplinary action.

 

The difference between counselling and disciplinary action

 

The first step should always be to counsel the employee. This is appropriate when the employee is not performing to the expected standard or is not aware of a particular rule, or where a breach is fairly minor. The idea is to make sure they understand that they are not performing as expected or to explain and ensure they understand the minor breach that they have made, and to bring their performance or behaviour up to the expected standard.

The following is a recommended course of action for counselling an employee:

  • Invite the employee to a meeting and ensure they know what it is about.
  • Ensure a private and uninterrupted meeting.
  • Draw the employee’s attention to the problem and ensure that you both agree that a problem exists.
  • Ask the employee to explain their misconduct.
  • Ask the employee if they have any ideas of how to correct the problem.
  • Offer your suggestions and try to reach a consensus on the way forward.
  • Agree on each party’s role going forward and set a date for when you will meet again to reassess the situation.
  • Keep a note of the meeting and the agreement reached.
  • Meet again on the agreed date to see if the problem has been remedied. If not, then disciplinary action should be considered.

Disciplinary action is appropriate where the breach of conduct cannot be condoned, or where previous counselling has not solved the problem.

 

Kinds of disciplinary action

 

There are a number of forms of disciplinary action that can be applied, which would depend on the severity of the offense and whether the employee has broken the same rule in the past. Before deciding on a form of discipline, a meeting should be arranged between the employee and management in order to explain the rule which has allegedly been breached. The employee must be given a chance to respond and explain their conduct. This meeting should preferably arrive at an agreement on how to remedy the situation.

The following forms of discipline can be used (in order of severity):

  • Verbal warnings
  • Written warnings
  • Final written warning
  • Suspension without pay (for a limited period)
  • Demotion, as an alternative to dismissal only
  • Dismissal

 

The employer must establish the severity of the infraction while referring to the company’s rules. If the offence is not serious, then an informal verbal warning may be given. The law does not specify any particular number of warnings, and dismissal can be applied to the first offence for a serious enough breach.

A final written warning can be applied when the contravention is serious, or if the employee has received warnings for a similar offence in the past.

An employee can appeal against a final warning, and the employer can hold a formal enquiry if they believe that it is only through such a process that the outcome can be determined.

A verbal warning is usually valid for 3 months. A written warning is normally valid for 6 months. After this time has elapsed, the warning should be removed from the employee’s records. A warning for one kind of infraction cannot be applied to another, different type of offence.

Employees should always be requested to sign their warning letters and given a chance to state their objections if any. The letter is still valid if the employee refuses to sign it. In this case, a witness should sign and state that the employee refused to do so.

It is recommended that employers keep records for each employee, specifying the nature of any breaches of conduct, the actions are taken, and the reasons for these actions.

Dismissal should be reserved for the most serious of offences, and must be preceded by a disciplinary enquiry, unless it is impossible or undesirable to hold such a hearing, for example where the employee has absconded, or where the enquiry would be likely to endanger life or property.

 

Formal Disciplinary Enquiries

 

An employee may be suspended on full pay pending a hearing, especially in cases where the employee being on-site may jeopardise the investigation of the incident.

The employer must give the employee at least three days’ written notice of such a hearing.

The letter should include:

  • The date, time, and venue of the hearing
  • Details of the charges
  • The employees right to representation (by a fellow employee or union representative if applicable) should also be explained

Remember that if the employer is intending to discipline a shop steward, then the union must be notified before serving notice to the employee.

 

The following people should be present at a disciplinary hearing:

  • A chairperson to chair the hearing. This should not be someone who has a personal interest in the outcome.
  • A management representative.
  • The employee is disciplined.
  • Any representatives of the employee.
  • Any witnesses for either side.
  • An interpreter if required.

The employer should lead with evidence first, followed by the employee. The chair may ask any questions of witnesses for clarification. Once both sides have presented evidence and witnesses have been questioned, then the chair should decide on a verdict of guilty or not guilty.

 

They will need to decide:

  • If a rule has been broken
  • If the rule was valid and reasonable
  • If the employee knows about or should have known about the rule
  • If the employer has been constant in applying the rule

 

If the verdict is guilty, then the chair may ask both sides for input on the appropriate disciplinary measures. The chair makes the decision on what measures to implement and informs the employee. The employee should be informed that they have the right to appeal. If there is no appeal procedure, then the employee may take the case to the CCMA or bargaining council.

A failure to attend a disciplinary hearing is not caused to stop the hearing unless a valid reason for their absence can be provided.

 

Tired of having to deal with your own disciplinary procedures?

 

Measured Ability has a labour broking division, which means that we hire out all kinds of workers on a temporary basis to other employers.

Not only does this mean that any disciplinary action and IR issues become our problem, but we also handle payroll, all leave administration, PPE, and a million other things. And we are able to quickly increase or decrease your workforce complement based on seasonal fluctuations.

If you are interested in learning more about how we can take over all the headaches involved in your staffing, please contact us now and we’ll get one of our consultants to call you right back.

Similar Content:

Unfair Dismissal

Constructive Dismissal

 

UIF Claims

Who can claim UIF in South Africa? UIF Benefits

in General

UIF Claims

 

The following information is for unemployment UIF benefits only.

We have a separate post about Maternity UIF benefits. And we will have posts up soon for the other types of UIF including for illness, adoption and dependants (death).

Who can claim UIF?

You can only claim UIF if you (and your employer) have been paying UIF.

All workers and employers should pay UIF except:

  • Those working less than 24 hours a month for an employer
  • Learners
  • Public Servants
  • Foreigners working on a contract who will be repatriated upon completion of their contract
  • Workers who only earn commission

You can claim UIF if:

  • Your employers are bankrupt
  • Your contract ends
  • You are fired

Domestic workers can also claim if:

  • They work for more than one employer, and they lose their job at one of those employers
  • Their employer dies

You cannot claim UIF if you:

  • Benefit from the Compensation Fund
  • Benefit from an unemployment fund under the LRA
  • Are suspended from claiming due to fraud
  • Quit your job
  • Do not report at set days and times
  • Refuse training and advice

In order to claim, you also need to register as a work-seeker, and be available for work.

The UIF may stop paying you benefits if you refuse to:

  • Accept a job
  • Go for training
  • Go for advice

When to claim UIF?

You need to claim within 6 months after you stopped working.

How much UIF can I claim?

If you have been a UIF contributor for more than 4 years, you can claim for up to 238 days, or 8 months.

If you have been working (and contributing) for a shorter period, then you can claim one day for every six days worked.

If you manage to find a job, you are no longer eligible to recieve UIF.

The fund pays a percentage of your wage / salary while you were contributing. This can be a maximum of 58% and is on a sliding scale depending on how much you were earning.

If your average salary over the last four years is less than R12,478, then you would receive 36 – 56% of your average salary. If you earned more than R12,478, then you will receive a fixed amount of between R4250 – R4550 per month.

 

UIF Claims

Employee Assistance Programs

in General

Employee Assistance Programs

 

What is an Employee Assistance Program?

An Employee Assistance Program is an employer sponsored benefit program that helps employees deal with any personal programs that might affect their performance or emotional well-being. They do not have to be work related problems, but rather any problem that might negatively affect the employee’s ability to do their job. The services are often available to the employee’s entire family, not just themselves.

Such programs started in the 1930’s specifically to deal with alchohol abuse, but have expanded to offer support for a wide range of issues.

There can be many benefits for employers who start Employee Assistance Programs, especially reduced absenteeism and increased productivity. The employees generally have direct 24 hour access to professional psychological counsellors, with quick access to other medical professionals when necessary.

What do Employee Assistance Programs offer?

Employee Assistance Programs usually offer free and confidential counselling for the following kinds of issues:

  • Substance Abuse
  • Family and marraige problems
  • Emotional problems
  • Financial problems
  • Legal problems
  • Occupational Stress
  • Employee Distress
  • Major life events (Births, Deaths, Accidents etc)
  • Major health concerns
  • Separation and loss
  • Trauma debriefing
  • Burnout control
  • HIV/AIDS counselling

Some providers might also offer assistance with retirement or lay-off issues, or even health related issues such as fitness and exercise, weight control, nutrition, quitting smoking etc.

Need to find quality staff?

Measured Ability is a recruitment agency and labour broker sourcing quality employees for all industries, nationwide. If you need some extra hands, on a temporary or permanent basis, from unskilled workers to top management, trust the experts to help you to find the right people.

Please contact us now to find the right person for your vacancy.

 

 

resume and cv icon

How to write a CV

in General

How to write a CV

 

What does CV stand for?

 

CV stands for Curriculum Vitae. It comes from the Latin meaning ‘course of life’, and is usually a short summary of a job-seeker’s personal details, employment history, education, and any skills, awards, or achievements they want to list. It should normally not be more than 2 or 3 pages.

In the USA they would call a CV a resume, and a Curriculum Vitae is a more lengthy document with much more detail, usually only used in Academic and Medical careers.

What does a CV look like?

 

There is no standard format for a CV, and they can come in many different variations. You should generally try and create a different CV for each position you apply for, and make sure that the most important and relevant information comes first and is the most visible. Most recruiters only scan a CV for an average of 6 seconds, so you need to make sure that the important information is obvious enough to be seen in that time.

You would normally put your personal details first (Name, Contact Details, ID Number, etc), and if in South Africa, you would also often put your Ethnicity, Gender, Disability status, etc for BEE reasons. In most other countries you would normally not include these things.

After this, you would normally put your employment history, usually in reverse chronological order, so the most recent jobs would come first. You should put the dates you worked at the company, the company name, and your position as well as a short summary of your duties or skills.

This would normally be followed by your Education history, listing the institutions and qualifications as well as the dates you were enrolled.

After that, you could list any other certificates you have, any skills you think would be relevant, and anything else you think could be relevant to the position. Sometimes people list volunteer work they have done, or their hobbies, etc.

It’s also normally a good idea to include some references, preferably from employers for similar positions. There are many mistakes that one can make on a C.V, to avoid those mistakes read here.

You don’t have to follow the above order, you can mix things up and should do so if the more relevant information for the job would be under education or volunteer work for example. You should always make sure that the most relevant information for the job you are applying for comes first.

It is also common to include a covering letter. This would normally be your motivation for why you think you are right for the job, and an attempt to sell yourself for the position, and should normally just be a paragraph or two. If you are emailing a CV for a position, then this can be in the email itself. If you are just generally uploading a CV to a job board you would not normally include a covering letter.

Generally, it is a good idea to keep the CV short and to the point. List everything that is important and relevant to the position, but doesn’t try and fill it out with unnecessary ‘fluff’. Most of the time recruiters (whether at an agency or at a company itself) are going to have to go through hundreds of CVs for one position and keeping things short and to the point, while making the important information highly visible is going to help you a lot.

Writing a CV that computers can read

 

Normally you don’t need to make a CV too fancy (unless you are applying for a design position, in which case you may want to show off your skills). In fact, especially if you are applying electronically through a job board or through a recruitment agency, you want to keep the CV formatting fairly simple. This is because the CV needs to be readable by a computer so that you will come up in searches done on the job board, or through the recruitment agencies Applicant Tracking System. These programs scan your CV for relevant keywords based on what the user is searching for, so those keywords need to be legible to software. You should never upload a scanned copy of a CV to a job board as the software will see that as an image and will not be able to pick out relevant keywords, so you will never come up in a search.

It is also important to make sure that the keywords, skills, and qualifications that people would search for to find someone like you appear in your CV. The bigger job boards in South Africa have millions of CVs in their databases, so you need to make sure that your CV comes up in a search. Think of all the terms that someone might search for and try to include them. Also, take a good look at the major requirements for the position you are applying for, and ensure that they appear in your CV. Make sure that if there is more than one way to write a particular skill or qualification, that you write it the same way it appears in the job advert, as that is most likely the way that the recruiter will write it when searching.

Upload your CV

 

Now that you know how to write a CV, make sure that you send us your CV once you have written it. We are a recruitment agency and labour broker and we fill all kinds of positions, from factory workers to CEOs, all over South Africa and into Africa and the Middle East.

You can also search through our currently available positions, and apply for any that interest you. Please note that we don’t always advertise all of our available positions, especially the unskilled ones, so even if you don’t see anything suitable for you, please send us your CV anyway.

Affirmative Action Definition

Affirmative Action Definition

in General

What is the Definition of Affirmative Action?

 

What does Affirmative Action Mean?

 

Affirmative Action refers to the methods used to try and achieve Employment Equity. It is an attempt to redress the imbalances caused by our history of Colonialism and Apartheid and ensure that all people have equal employment opportunities and are equitably represented in all categories and levels of employment.

 

The History of Affirmative Action

 

The term ‘Affirmative Action’ was first used in the USA in 1961, when President John F Kennedy signed an order (Executive Order No 10925) including a provision that government contractors “take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin.”

In South Africa, Affirmative Action started with the Employment Equity Act and the Broad-Based Black Economic Empowerment Act which together aim to achieve workplace equality through advancing people from designated groups (defined as ‘black people’, women, and those with disabilities).

How does Affirmative Action work?

 

Employment Equity legislation requires companies with over 50 employees (or who exceed a certain turnover based on their industry) to do the following:

  • Consult with their employees (or their representatives) from all levels and categories within the company, including designated groups and non-designated groups
  • Conduct an analysis of current workplace policies, practices, procedures, and the working environment, in order to identify barriers that adversely affect those from designated groups
  • Design and implement plans to improve their workplace equity and report on such plans to the Department of Labour annually or every two years, depending on the number of employees in the organisation.
When are taxes due?

When are taxes due?

in General

When are taxes due in South Africa?

 

VAT payments (VAT201)

VAT (Value Added Tax) payments are due monthly on the last business day of the month.

Employers Tax (EMP201)

Employers Tax (PAYE, SDL and UIF) payments are due monthly on the 7th of the month, or the last business day before that.

The interim reconciliation for the first 6 months of the tax year is due on the last business day of October.

The annual reconciliation is due on the last business day in May.

Provisional Taxpayers

Provisional Taxpayers (those who earn an income other than a salary) need to submit an interim submission and payment for the first 6 months of the tax year by the last business day in August.

The annual submission and payment is due on the last business day in February.

Tax returns

Tax returns need to be submitted during tax season which is from July to November.

Employment Verification

Employment Verification

in General

Employment Verification

 

What is Employment Verification?

Employment Verification usually refers to the process of verifying a prospective employee’s employment history to ensure that they haven’t falsified any information on their CV. Sometimes there may be other reasons why employment verification is done, for example if someone is trying to borrow money or perhaps rent a property, then the bank or landlord may wish to check that the person is employed and what their salary is.

How does Employment Verification work?

Normally it just involves a phone call to the employees current or previous place of employment, to verify that the details they put on their CV are correct. In some cases it means getting a letter written by the employer on their letterhead, stating the details of the employees position and the dates that they worked at the company.

How to write an Employment Verification Letter

An employment verification letter is very simple.

It should just contain the employee’s name and ID number, as well as their job title and the dates that they have been employed by your company.

It could also list the most recent salary, but this is optional.

All of the above should be on your letterhead, and signed by a manager or other authority figure.

You could also put your thoughts about the employee, like a testimonial, but this is usually not necessary for an Employment Verification Letter.

Here is an possible example (The details in red between the square brackets [ ] are to be replaced with the relevant details):

 

[Company Letterhead and contact details]

To whom it may concern

This letter serves to confirm that [Name of employee] (ID Number: [ID Number]) has been employed at [Name of company] as a [Job title] from [Start date] to [End date].

Yours Faithfully

[Manager’s Name]

 

Click on the link here to download a MS Word version of the Employment Verification Letter Doc.

 

How to do Employment Verification

This would normally mean phoning the company/ies that the prospective employee worked at and verifying that the details they have written on their CV are correct. This could be their position, the dates they worked at the company, and sometimes their salary. You may also want to get a reference from their manager as to how they performed on the job.

If the prospective employee has listed a phone number on their CV for a reference or employment verification check then it is usually a good idea to Google the company first and to phone in on the number that they have listed on their website, to avoid any possibility that the number you have been given on the CV is false. If they have listed a person by name, then you might also want to Google the following (replacing the red values in square brackets with the respective URL and name):

site:[Company URL] [Contact Name] 

This will search the company URL for the person’s name to see if you can find the person that they have listed, and make sure that they are in fact working in the position that they have said they are, and aren’t just a friend at the company who they have prepped to take a verification call from. This will only work if their name is listed somewhere on the site of course.

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Unfair Dismissal

What is Unfair Dismissal in South Africa?

in General

Unfair Dismissal

 

What is Unfair Dismissal in South Africa?

The fairness of a dismissal is decided in two ways – substantive fairness and procedural fairness.

Substantive Fairness

Substantive fairness is decided by whether or not there was a fair reason to dismiss the employee and was it appropriate under the circumstances to dismiss the employee.

There are three reasons by which you can fairly dismiss an employee:

  1. Misconduct (The employee has done something wrong)
  2. Incapacity (The employee does not do the job properly, or is unable to due to ill health or disability)
  3. Retrenchment or redundancy (The employer is cutting down on staff or restructuring the work done)

Procedural Fairness

Did the employer handle the dimissal procedure fairly?

The employee must always have a fair hearing before being dismissed, where they are able to give their side of the story. You cannot fairly dismiss someone without a disciplinary hearing.

Even if the employee is at fault, the employer still needs to pay the right wages, leave pay and notice pay.

It is completely within the employees rights to refer the dismissal to the CCMA for conciliation.

See below for more about fair procedures for each of the kinds of dismissal:

Misconduct

It is best for employers if they have clear rules of conduct for employees to follow. A dismissal for misconduct can only really be seen to be fair if the following is true:

  1. The worker broke a rule at the workplace.
  2. The rule was reasonable and necessary.
  3. The worker should have known about the rule.
  4. There is a consistent application of the rule. The employer does not selectively apply the rule.
  5. Dismissal is an appropriate action, as opposed to disciplinary action or a lesser penalty.

Employees should not be dismissed for minor infractions. Corrective discipline should be the first resort, to bring the employee into line. Repeated breaking of the rules can incur greater and greater penalties.

For first offences, only serious offences should result in dismissal. Examples could be physical assault, intentional damage to the employers property, gross insubordination, or putting others safety at risk.

Employees can be dismissed for engaging in a strike without following the proper procedure. A trade union official would need to be informed, with an ultimatum with enough time for the ultimatum to be properly considered. The employees should not be dismissed if they return to work before the ultimatum is reached.

Employers need to keep disciplinary records for each employee showing any offences comitted by the employee, what disciplinary action was taken, and why. Repeated misconduct must result in warnings, with the final warning for repeated or serious misconduct being a written warning.

In order for a hearing to be considered as fair:

  • If the employee is a shopsteward, then the union will need to be notified about the hearing.
  • The employee must be informed about which charges are being brought against them, and they must be given time to prepare for the hearing.
  • The employee must be given an opportunity to be present at the hearing and present their case.
  • The employee must be allowed to be represented by a union official or co-worker.
  • The employee must be allowed to view documents, and cross-examine any evidence used against them.
  • All witnesses to the misconduct should be present at the hearing, and the employee should be given an opportunity to cross-examine said witnesses.
  • The employee should be allowed to call witnesses of their own.
  • The employee should be given reasons for any actions taken against them.

Incapacity

Dismissals for incapacity can be for poor work performance, ill health, disability or incompatibility.

When deciding if a dimissal for incapacity was fair or not, the following needs to be considered:

  • Did the employee fail to work to a given standard?
  • Was the employee aware of the expected standard?
  • Was the employee given a fair chance to meet the standard?
  • Is dismissal a fair punishment?

A dismissal for poor performance can only be seen as fair if:

  • The employee was given sufficient training, evaluation, guidance and advice
  • Their performance was assessed over a suitable period of time
  • The reasons for poor performance were suitably investigated
  • Alternatives to dismissal had been explored
  • The employee was given a chance to be heard before the dismissal

Dismissals for poor health or disibility can only be seen as fair if:

  • The degree and duration of incapacity has been investigated
  • Alternatives to dismissal have been explored
  • An attempt has been made to find alternative work for the employee, or to adapt their work to make it possible for the employee to continue working.
  • The employee has been given a chance to be heard.

All of the following also needs to be considered:

  • How badly is the employee injured or disabled?
  • How likely are they to remain ill or disabled?
  • What is the reason for the incapacity?

More effort is expected from the employer if the employee was injured or became sick in the course of their duties.

Retrenchment or Redundancy

Employers are allowed to retrench workers for the following reasons:

  1. Economic – e.g. the employer is losing money.
  2. Technological – e.g. employees are being replaced by machinery, or need different skills to operate new machinery.
  3. Structural – e.g. the business is being restructured and two departments are being consolidated, so it is no longer necessary to have two seperate heads of department.

When considering retrenchment, the employer will need to consult whoever the collective agreement says it needs to consult, or failing that the workplace forum, or failing that the union or, if none exists, then the workers themselves.

A written notice needs to be given to the relevant persons, inviting them to consult, which should include the following:

  1. Reasons for the retrenchment
  2. Alternatives that have been considered (including redeployment)
  3. Number of employees to be retrenched
  4. How the decision will be made regarding who will be retrenched
  5. When dismissals shall take place
  6. How much severance will be paid
  7. What other aid can be given to those who will be retrenched
  8. Future re-employment prospects
  9. Number of people employed
  10. How many retrenchments have been made in the last 12 months

Those invited to consult need to be given a chance to speak and make suggestions on the retrenchment. If the employees have given their representations in writing, then the employer will need to make their replies in writing.

The consultation should aim to reach a consensus on the following:

  1. Whether retrenchment is justified and ways to avoid retrenchment
  2. How to reduce the number of people to be retrenched
  3. How to limit the harsh effects of retrenchment
  4. How to select those to be retrenched
  5. Negotiation on severance pay

If an agreement cannot be reached, then the matter can be referred to the CCMA.

Automatically Unfair Dismissal

According to Section 187 of the Labour Relations Act, dismissing someone for one of the following reasons is ‘automatically unfair’:

  1. Participating in a protected (legal) strike or intending to do so
  2. Refusing to do the work of a colleague who is participating in a protected strike (unless their refusal will endanger life or health)
  3. Not accepting an employers demand or coercion on a matter of mutual interest (ie. dismissing someone for not accepting your pay increase)
  4. For exercising their rights according to the LRA
  5. For participating in proceedings against the employer, or reporting the employer to a relevant authority
  6. Pregnancy or intended pregnancy
  7. Arbritary discrimination based on race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility
  8. The dismissal was related to the takeover of a going concern
  9. Taking part in lawful union activities
  10. Due to a disclosure in terms of the ‘Disclosure of Information Act’

Unfair Dismissal – How much Compensation

The exact amount of compensation will be up to the judge or arbitrator, but the Labour Relations Act recommends a maximum of 12 months salary for normal unfair dismissal or up to 24 months salary for an automatic unfair dismissal.

Similar Content:

Disciplinary Procedure

Constructive Dismissal

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