Grain Guide 2018

Misperceptions in the workplace  If there is no contract of employment, the employee is not a permanent employee The employment relationship comes into effect the moment an employee starts working – regardless of whether the relationship is recorded in a verbal or written agreement.  Should the employee grant permission, the employer need not deduct UIF; UIF does not apply to foreign employees All employers must register with the Unemployment Insurance Fund (UIF) and ensure that all employees who work more than 24 hours a month are also registered and that UIF contributions are deducted from their remuneration.  The employer can dismiss an employee immediately for serious misconduct An employer cannot dismiss an employee for misconduct, even for a valid reason, without holding a disciplinary hearing to ensure that a fair procedure is followed and that there is a substantive reason to justify the dismissal.  The presiding officer at a disciplinary hearing helps the employer to prove the case The presiding officer must be objective. Duties include holding the hearing in good order, recording a finding or ‘guilty’ or ‘not guilty’ on the grounds of all the evidence given during the hearing and making a recommendation on an appropriate sanc­ tion in line with the disciplinary code.  Suspension is always without pay When an employee is willing and able to carry out their duties, but the employer has suspended the employee, it is always with pay, for example pending a disciplinary hearing. When the employee is unable to carry out his/her duties, the employer can suspend the employee without pay, for example when the employee is under the influence of alcohol or drugs.  The employee has dismissed himself by deserting An employee cannot dismiss himself. When an employee deserts (is absent from work for more than five days without inform­ ing the employer or providing a reason), the employer must attempt to contact the employee. The employee can be dismissed after the right procedure has been followed, including a disciplinary hearing.  The employer can use a fixed-term service contract as probationary period Using a fixed-term service contract as a probationary period is unfair labour practice. The termination of the contract after completion of the fixed term can be regarded as unfair dismissal. Employers must understand clearly that disguising permanent employment as a fixed-term service contract is illegal.  When an employee visits the clinic, paid sick leave is involved An employee is only entitled to paid sick leave when he is unable to work due to amedical condition. The employer is not required to remunerate the employee when he asks for time off to visit the clinic to obtain medication, or in the event of regular visits to the clinic or doctor. 10 GRAIN GUIDE 2018 Relevant