Andrea De Jongh
Maserumule Consulting-a leading South African employment law, employment relations and organizational growth practice
Recent activity in the club of user De Jongh Andrea
Expert Andrea De Jongh answer to the question Can we demote our employee and reduce her salary?
A demotion occurs if the change to the employee’s conditions of employment is such that they result in a material reduction of the employee’s remuneration, responsibility or status. But... [read more]
Expert Andrea De Jongh answer to the question Do I run the risk of reinstating an employee I dismissed for drinking on the job?
There’s a difference between dismissal for incapacity and for misconduct. You took the misconduct route because that is what it seemed like to you: bad behaviour for drinking on duty and... [read more]
Expert Andrea De Jongh answer to the question Can our employees demand bonuses and 13th cheques?
As much as your employees would love them to be, bonuses or 13th cheques are not compulsory. You won’t find any obligation in any of the labour legislation to pay them. The only time you have to... [read more]
Expert Andrea De Jongh answer to the question Do we have to pay out this employee's accumulated leave?
You must pay out the statutory leave that accumulates in a particular leave cycle if the employee resigns within the leave cycle or within the six months following the leave cycle irrespective of... [read more]
Expert Andrea De Jongh answer to the question Can we ask the CCMA to dismiss this case of absenteeism?
At the arbitration, you must dispute the union's right to act for the former employee if the union turns up. You must insist the commissioner rules on the issue before the arbitration... [read more]
Expert Andrea De Jongh answer to the question Can my manager replace an employee who says she might resign?
The fact that a person tells you she’s looking for a job elsewhere doesn’t entitle you to dismiss her without having a recognised reason for dismissal and, if so, following a fair... [read more]
Expert Andrea De Jongh answer to the question My employee asked me to change her salary structure ahead of increases. Can we refuse?
The existing terms and conditions of employment is that which attaches to the agreed hourly remuneration calculation and flexible working time arrangements. If you change her salary structure, you... [read more]
Expert Andrea De Jongh answer to the question What is the time period to pay an employee I've dismissed?
You must pay any outstanding remuneration within seven days of the date of termination of employment.... [read more]
Expert Andrea De Jongh answer to the question Can our employee take us to the CCMA even if she walked out on us?
If this was indeed your set of facts, the employee is unlikely to be successful if she were to challenge the termination of her contract at the CCMA. On the other hand, if the employee can prove... [read more]