Ask Athalie Banner

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

How can I ensure that my provident fund payment is divided equally between me and my seven children?

You and the mother/s will need a court order to compel the fund to do this.

Read more

I contracted Covid-19 and have received no support from my employer

You may want the CCMA to get involved.

Read more

Are caregivers employees or independent contractors?

They are employees if you control when and how they work.

Read more

Should an employer pay their worker during the period before the disability benefit is paid out?

The employer is not obliged to retain an employee who is permanently incapacitated if her working circumstances cannot be adapted.

Read more

Does the disability grant cover mental health issues?

Sometimes, but ultimately it is up to SASSA's discretion

Read more

Can an employer withhold your salary and provident fund if you breach the contract?

An employer can only withhold your salary if they have a court order. They cannot withhold the provident fund.

Read more

Can my employer withhold my provident fund to pay outstanding debts without my permission?

No, the provident fund can only withhold your money if you owe the employer money or have been convicted in a civil/criminal case

Read more

The Labour Court still hasn't delivered judgment on my case that was heard six months ago. What can I do?

Lodge a complaint with the Office of the Chief Justice.

Read more

How will doing consulting work for the company that retrenched me affect my UIF claim?

It depends how many hours you worked and whether you classify as a true independent contractor.

Read more

Can my employer maintain a 15% pay cut because we are all working from home?

Yes, because the BCEA is still in force despite the pandemic. You could discuss it with your employers.

Read more