Frequently Ask Question

We can assist you by referring the matter to the CCMA or relevant Bargaining Council for unfair dismissal.

• The referral is done by completing a form within 30 days of the dispute.
• Should the individual be out of time, we can still refer the dispute, by making an application for condonation.
• The dismissed employee may choose to claim:
  • For the employer to reinstate him/her on the same terms and conditions of employment before his/her dismissal.
  • For the employer to re-employ him/her, which may be on new terms and conditions of employment.
  • For the employer to pay compensation to him/her (based on the monthly compensation received at the time of the dismissal). The dismissed employee may be given compensation, depending on the circumstances, of 12 months or less.
• However, just because an employee referred a dispute to the CCMA does not mean that the CCMA will award the employee’s claim for reinstatement, re-employment and/or compensation. An employee will have to prove that he/she was unfairly dismissed. The employer on the other hand will have to prove that the dismissal was fair. Our firm has the expertise, knowledge and success in numerous matters to assist and guide our clients to achieve favourable results.

An employer can change the terms of the contract even if the employee does not agree to the changes. But a change in contract is like a new contract and to change the contract the employer must give notice of the change to the employee and must negotiate the new terms and conditions with the employee.

If the employer and employee/s cannot agree on the changes in the contract, then the employer may go ahead and introduce the changes. If the employee accepts the new conditions and goes on working, then the new conditions become part of the contract.

If the employee does not agree to the changes, the employee can:
Refer a dispute to the CCMA or Bargaining Council for conciliation.

Yes, the maximum number of hours that can be worked overtime are 3 hours per day or 10 hours per week. Payment is at 1.5 times the rate of the normal hourly payment amount.

If an employee works overtime on a Sunday they are entitled to double the normal hourly rate. This does not apply however if the employee usually works on a Sunday. In this instance the employer must pay 1.5 times the normal hourly rate. On public holidays payment is also double.

Employees who earn more than the maximum determined by the Minister of Labour are not entitled to are not entitled to overtime pay-the current maximum is R205 433,90 per annum – employees who exceed this amount may nevertheless negotiate with their employers to receive overtime pay.

If you are stopped at a roadblock while driving under the influence of alcohol and it is determined that your blood levels are over the legal limit, you can expect any or all of the following:

• You will be arrested and charged
• You will be kept in custody until you can post bail
• Posting bail is best facilitated by a bail lawyer
• You may lose your driver’s licence or have it suspended
• You will face a fine of up to R2 000 or a two-year prison sentence, or both, depending on: Previous convictions against you & Extenuating circumstances surrounding your arrest.

Avoid jail time, we can assist you and apply for bail and defend you.

No. You can only be arrested if you have ignored a summons to appear in court, and as a result a warrant had been issued by a magistrate for your arrest. You cannot be arrested simply because you have “unpaid tickets.”

Persons arrested by traffic officers should be taken immediately to a South African Police Service station or the court that issued the warrant. Traffic departments are not allowed to lock a person up at the roadside while they carry on with their roadblock and they may not take a person to a bank teller to draw cash to pay the “fines”. The only purpose of an arrest is to bring a person before a court for that person to be prosecuted. It is not to be used as a method to harass or frighten members of the public for them to pay their traffic fines.

Every person‘s right to privacy is protected by the Constitution. This is not an absolute right, and can be limited in some circumstances.

As a general rule, a person (this includes his house or car) may only be searched when a warrant had been issued granting a police official the authority to do so.

Such a warrant may be issued by a officer of the peace (such as a magistrate) when it has been shown under oath that good grounds exists to suspect that an illegal object will be found on a person or premises.

A police official may search a person or premises without a warrant if he is of the opinion that in any specific instance he would be able to obtain a warrant, but because of the circumstances there is not enough time to obtain one.

It is important to note that when a woman’s person is searched, the search must be conducted by a female police officer, or if unavailable another woman requested by the police.

From 6 May 2009 a person may apply, in writing, to the Director-General of Justice and Constitutional Development for the removal of certain entries on his/her criminal record after 10 years have elapsed since the conviction for that offence and he/she has in that time not been sentenced to imprisonment without the option of a fine.