Letters to the Lawyer – July 2020

Good day. I am an herbalist with a small private practice. With the disaster being declared, I have minimum clients pitching for appointments. What does the law say about my employees, as there is a minimum income must they still come to work? How will I be able to pay their salaries etc?

It is a difficult situation and your only viable option is to start with the retrenchment consultation process. I am not saying you should retrench the employees but you should start with the consultation process and put forward to them the alternatives to retrenchment that you have come up with i.e. reduced pay, unpaid leave until the situation stabilises etc. So, the employees have the choice to either accept your alternative proposals or to reject them. If they reject it, then you can retrench them.

WB Attorneys Tel: (012) 930 4660

I have resigned and have 25 days outstanding leave due to me. Can I take this leave during my notice period? I have told my employer I want to take my leave in my period of notice, but he refuses.

Section 20 (5) (b) of the BCEA states clearly that “the employer may not require or permit an employee to take annual leave during any period of notice of termination of employment.”

South African Labour Susan Brits susan@labourguide.co.za

We have an employee who has just resigned and accepted employment with a competitor. Our line of business is highly competitive and we need to protect ourselves in some way. Can we force him to sign a Restraint of Trade Agreement now that he has resigned?

Unfortunately, it is too late. I might add that the employee would indeed be very stupid to sign such an agreement after he has resigned. You cannot force any employee to sign anything that he does not wish to sign.

Kleynhans and Smith Attorneys Tel: (012) 546 3647

Is an employee obliged to reimburse an employer for training costs incurred by the employer, when the employee resigns or is dismissed?

Should an employer spend money on training an employee, then the employer should enter into a written agreement with the employee before the training commences. To agree on the cost of the training, and to agree that should the employee resign within a certain period of time, or be dismissed through no fault of the employer, then the employee would be required to reimburse the employer for the training costs incurred.

Lategan and Wolfaardt Attorneys Tel: (011) 546 3648