Answers to your questions

Have a question you would like answered? Email us and we may answer it. The questions here are based on ones from our readers, with identifying information removed.

Topic: Labour  |  Show questions and answers for all topics

What will happen to my provident fund if I am sent to prison?

If you are sent to prison, you cannot work and so your employer will dismiss you or take it that you have resigned.

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What procedures need to be followed when submitting a Review Application with the Labour Court?

Review Applications must be initiated within six weeks of the award from the CCMA.

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Is it legal to fire someone without a warning or a hearing?

No, it is not legal to fire someone without a warning or disciplinary hearing in terms of the Labour Relations Act.

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My mother's employer was not paying her UIF and is now kicking us out of our home on her property.

It is illegal not to pay your domestic worker's UIF. Your mother should apply for social grants and housing.

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What can be done about abusive treatment in the workplace?

You can report the matter to the CCMA.

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Why is my wife getting a portion of my pension if we are married out of community of property?

If you were married before 1 November 1984, she can apply for redistribution of assets.

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How can I apply for UIF death benefits if I was in a traditional marriage with no marriage certificate?

You will have to provide some proof of the marriage, like lobola letters of a letter from the chief.

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Can my UIF death benefits application be denied if I don't have an unabridged marriage certificate?

The UIF website does not specify what type of marriage certificate is needed, so it seems unlikely.

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Can my employer withhold my provident fund if I was dismissed on a safety-related charge?

No, only the provident fund can withhold an employee's provident fund for reasons stipulated in Section 37 of the Pensions Act.

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If you were not compensated for a workplace injury a few years ago, can you claim money if it is still affecting you?

The Compensation Commissioner will not pay for claims that are made more than 12 months after the accident.

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