The Resource Remedy

It is advisable. Failure to have one means that if questioned, it will be deemed that the basic provisions  stipulated in the Basic Conditions of Employment Act will apply. These are just the minimums. The Employment Contract is able to modify these minimums and is also used to regulate many other issues which are specific to your industry or business.

Long enough to assess if the employee can do all the tasks required and will fit well into the organization. It should not be unreasonable long. If the job entails simple tasks it should be three months. If the tasks are more complex you can make it six months.

The amount of notice can vary from company to company providing that it provides sufficient time for the employee to prepare their defense against the charges laid against them. Such a notice period must be consistently applied and should be clearly stated in your disciplinary procedure. If you do not have a formalized disciplinary procedure ( which is advised) then it should at least be a full 24 hours notice prior to the enquiry.

Yes. Minimum wages are found in the Sectoral Determination 14 – Hospitality Industry.

You are wise to be concerned about allowing a total stranger to examine your business records. So it is important to obtain this person's name and check with the local Department of Labour to ensure he/she is who they claim to be. Unfortunately however, the Labour Inspector has been granted much power in terms of his ability to come onto your premises, talk to employees and check you records for compliance. He does not need to obtain your permission to do so. You best bet is to be polite and agree to comply with any non compliance issues. The Government has recently trained and empowered even more Labour Inspectors who will soon be visiting your premises with the power to impose spot fines. The Resource remedy offers a Resource Solution specific to your industry which will assist you in compliance.

The Basic Conditions of Employment Act stipulates when a Doctors certificate is required. It also provides provisions as to what should be contained in this certificate before it can be deemed acceptable by the Employer. If the certificate complies with these requirements and you are still not convinced, then call the doctor’s offices and check that the employee was in fact there. You can also check if the doctor is listed on the Doctors roll.  If this is confirmed then unfortunately there is not much you can do.

On signing the contract of employment, the employee has certain contractual obligations. One of these is to act in good faith and not do anything that impacts on the employers business. It is also an operational requirement that he/she maintains a working relationship with colleagues. Remind both employees of these obligations and explain the impact their personal problem is having on your business. Tell them that should this situation not change then you may be forced to terminate them for operational reasons. Should this happen you will need to ensure that you follow the correct procedure.

On signing the contract of employment, the employee has certain contractual obligations. One of these is to act in good faith and not do anything that impacts on the employers business. It is also an operational requirement that he/she maintains a working relationship with colleagues. Remind both employees of these obligations and explain the impact their personal problem is having on your business. Tell them that should this situation not change then you may be forced to terminate them for operational reasons. Should this happen you will need to ensure that you follow the correct procedure.

Unfortunately, if you have accepted poor performance and conduct of employees without disciplining them, you have tacitly condoned this behavior. This means that your failure to correct them has led them to believe that their behavior is acceptable to you. To suddenly discipline them without warning them that you will no longer tolerate such behavior will be unfair. You will therefore have to re-set your standards before you can discipline them.

I understand that your intentions are very good but the only time you can safely discriminate is if it is based on the inherent requirements of the job. For example, you are quite entitled to refuse to interview and appoint a man for the post of bikini model. In  this situation, the employee is quite in her right to take responsibility for her own safety. So yes she can claim that what you are doing is discriminatory and could refer such a case to the Labour Court. Explain your concerns to her and she may come up with a good idea to safeguard herself at closing time.