Hi Carmen. Thank you for your Videos. If you are retrenchment and are in your notice period, then get a job externally. Are you still entitled to your severance pay?
Good day Carmen. Thank you very much for all your informative and helpful videos, it is much appreciated. Does it also count for Fixed-Term Contracts. Also, please could you do a lesson on probation and poor work performance.
Good afternoon. Yes. This information applies to fixed-term contracts as well. Something to be mindful of is that the notice may be built into the fixed term contract agreement and therefore additional notice would not need to be given by either party. E.g. if the fixed term contract has a clear end date and there is not expectation of renewing the contract. Thank you for your request. I have filmed a video on probation and poor work performance. It will work on getting it up shortly.
Thank you Carmen. If a fixed-term contract comes to an end, is there an obligation from the Employer's side to inform the employee in writing that the contract will not be renewed or will the Offer Letter or contract suffice with the duration of the employment.
@@tanyavanrooyen822 As per Section 198B(6) of the LRA an offer to extend or renew must be in writing. The Act does not refer to informing an employee that the contract will not be renewed in writing, but nonetheless I do recommend that employers inform employees in writing that the contract will not be extended or renewed, and provide a reason for this. Important to remember that the behaviour of the parties is important. I.e. if the employer verbally indicates the contract will be renewed it creates an exception or if the employer gives the employee work to do past the expiry date of the contract, this would also imply an extension.
I am so excited that you asked this, because I have been meaning to make a video explaining what employment relations is and how it differs from industrial relations, labour relations & labour law / employment law. I will prioritize this video to give you a response :)
I was wondering how clear it is for employees to understand their notice payout if or when that is relevant? Or employers to make sure they're doing it right? Because it can get quite complicated I guess and errors could occur?
I share your concern, it can get quite complicated and errors often occur. Hopefully these videos will offer employees and employers some guidance on understanding the notice pay-out.
Hallo Carmen kindly advise if I should appeal, as I was no longer an employee when I was dismissed and also I have gone to CCMA to open a case. Can CCMA reject my case if I did not appeal.
It's difficult for me to provide an answer because based on this comment I don't fully understand your situation. But here is some information that may be helpful: If you opened a CCMA alleged unfair dismissal case - the first thing you are required to prove is that you were dismissed. If you were no longer and employee at time of "dismissal" then to my mind - there was no dismissal. Given that you say you were no longer an employee at time of "dismissal" I'm not sure what you'll be challenging at the CCMA. If you resigned prior to disciplinary action that would have likely resulted in a dismiss and you've referred a constructive dismissal case - I recommend you watch my video on constructive dismissal.
If you are no longer an employee - you cannot be dismissed because the relationship has terminated. That being said in terms of Section 186 of the labour relations act specifically (d) when an employer re-employs some employees who were dismissed (for the same or similar reason) and refuses to re-employ another employee - this is seen as a dismissal. This, however, does not apply to situations where the employee resigned. I hope that is helpful.
Hi Carmen I have been told that I should appeal but when I got to the CCMA they advised that I should ref the case and a case is opened for the dismissal.1. Question should I also appeal? 2. This dismissal is blocking me from working , can I claim from the company that unfairly dismissed me for loss of Income and how do I do that and for how long may I claim and how much do I claim, how is that determined?
I recommend watching my video on Probation to answer this query, because notice of termination is different from determining whether the actual termination is fair or not.
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Hi Carmen. Please upload a video on Probation and Poor performance dismissal. Thank You 🙏
Here is my video on probation and poor work performance: ruclips.net/video/M4bPqA0hdgU/видео.html
Hi Carmen. Thank you for your Videos. If you are retrenchment and are in your notice period, then get a job externally. Are you still entitled to your severance pay?
I love your channel and very informative can you please make videos on Temporary Incapacity Leave
Thanks for your feedback and request. I have added that to my list of content to make :)
Good day Carmen. Thank you very much for all your informative and helpful videos, it is much appreciated. Does it also count for Fixed-Term Contracts.
Also, please could you do a lesson on probation and poor work performance.
Good afternoon. Yes. This information applies to fixed-term contracts as well. Something to be mindful of is that the notice may be built into the fixed term contract agreement and therefore additional notice would not need to be given by either party. E.g. if the fixed term contract has a clear end date and there is not expectation of renewing the contract.
Thank you for your request. I have filmed a video on probation and poor work performance. It will work on getting it up shortly.
Thank you Carmen. If a fixed-term contract comes to an end, is there an obligation from the Employer's side to inform the employee in writing that the contract will not be renewed or will the Offer Letter or contract suffice with the duration of the employment.
@@tanyavanrooyen822 As per Section 198B(6) of the LRA an offer to extend or renew must be in writing. The Act does not refer to informing an employee that the contract will not be renewed in writing, but nonetheless I do recommend that employers inform employees in writing that the contract will not be extended or renewed, and provide a reason for this. Important to remember that the behaviour of the parties is important. I.e. if the employer verbally indicates the contract will be renewed it creates an exception or if the employer gives the employee work to do past the expiry date of the contract, this would also imply an extension.
Thank you Carmen, very well explained. It's much appreciated.
Can you tell us if there is a difference between industrial relations and employment relations?
I am so excited that you asked this, because I have been meaning to make a video explaining what employment relations is and how it differs from industrial relations, labour relations & labour law / employment law. I will prioritize this video to give you a response :)
This is quite an enlightment and great help. Thanks so much and I am a great fan of your work.
I was wondering how clear it is for employees to understand their notice payout if or when that is relevant? Or employers to make sure they're doing it right? Because it can get quite complicated I guess and errors could occur?
I share your concern, it can get quite complicated and errors often occur. Hopefully these videos will offer employees and employers some guidance on understanding the notice pay-out.
Hallo Carmen kindly advise if I should appeal, as I was no longer an employee when I was dismissed and also I have gone to CCMA to open a case. Can CCMA reject my case if I did not appeal.
It's difficult for me to provide an answer because based on this comment I don't fully understand your situation. But here is some information that may be helpful:
If you opened a CCMA alleged unfair dismissal case - the first thing you are required to prove is that you were dismissed. If you were no longer and employee at time of "dismissal" then to my mind - there was no dismissal.
Given that you say you were no longer an employee at time of "dismissal" I'm not sure what you'll be challenging at the CCMA.
If you resigned prior to disciplinary action that would have likely resulted in a dismiss and you've referred a constructive dismissal case - I recommend you watch my video on constructive dismissal.
I beg you, PLEASE! make a video about probation employment contracts and the requirements termination.
Hi Juan - thanks for watching. And I will be happy to make a video about that. I commit to having it up in the next 2 weeks.
Here is the video about probation and requirements for termination: ruclips.net/video/M4bPqA0hdgU/видео.html
Kindly explain if you can be dismissed if you have resigned and served your notice period and is no longer an employee of the company
If you are no longer an employee - you cannot be dismissed because the relationship has terminated.
That being said in terms of Section 186 of the labour relations act specifically (d) when an employer re-employs some employees who were dismissed (for the same or similar reason) and refuses to re-employ another employee - this is seen as a dismissal. This, however, does not apply to situations where the employee resigned.
I hope that is helpful.
@@carmenfourie5346 wow! Finally I get a straight answer.You are awesome! I appreciate you.Thank you so very much!
Hi Carmen I have been told that I should appeal but when I got to the CCMA they advised that I should ref the case and a case is opened for the dismissal.1. Question should I also appeal?
2. This dismissal is blocking me from working , can I claim from the company that unfairly dismissed me for loss of Income and how do I do that and for how long may I claim and how much do I claim, how is that determined?
So can you be dismissed if you are no longer an employee?
See my response to your other comment.
Thank you I am clear now!
Do my employer have to pay me lieu of service and pay leave after my 3 months notice?
I can't answer this without more information.
Termination of employment.. given notice to terminate 2 week's after probation period...is this allowed
I recommend watching my video on Probation to answer this query, because notice of termination is different from determining whether the actual termination is fair or not.