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Chapter 6 - Labour Law

Checklists

Checklist for a labour problem

1. Full name and address of the worker and if possible a telephone number.
2. Full name, address and telephone number of the employer.
3. Was there any written employment contract?
4. The employee's wage at the time of the complaint.
5. How long has the employee been working there?
6. What work was the employee doing?
7. What are the details of the employee's complaint?
8. If the problem relates to a dismissal:

• when did the dismissal take place?
  
• was the employee given notice of the dismissal or paid in lieu of notice?
  
• does the employee want to go back to his or her job if the dismissal was unfair?

9. Does the employee know whether the employer's company was a member of an Bargaining Council?
10. Is the employee a member of a union? If so, get the union's name, address and telephone number.

Checklist to prepare for arbitration

Here is a checklist to help paralegals to prepare employee's for an arbitration:

1. Have the employee understand what is meant by arbitration and what it entails?
2. Have the employee and the employer agreed on the issue which the arbitrator will be asked to decide?
3. Have the employee made copies of all necessary documents for the arbitrator to use at the hearing?
4. Will employee's need the services of an interpreter?
   If so, have they made the necessary arrangements to get someone?
5. Has theemployee made arrangements for all their witnesses to be present at the hearing?
   Oral evidence from witnesses is often the best way of proving a case.

Checklist to prepare for arbitration on reinstatement

1. Full name and address of the employee and if possible a telephone number.
   
2. Full name and address of the employer.
   
3. The employee's length of service.
   
4. Employee's wage at the time of the dismissal.
   
5. Was there any written employment contract?
   
6. Was there any established disciplinary code/procedure?
   
7. What was the nature of the employee's job and of the employer's business in general?
   
8. Did the employee receive notice in writing?
   
9. Get details of the employee's marriage, family situation, dependants, (ages of children, whether studying, working or unemployed).
10. Is the employee a member of a union? If so, get the union's name, address and telephone number.
11. Does the employee know whether the employer's company was a member of a Bargaining Council?
12. What are the employee's prospects of finding another job?
13. Does the employee have any other information or documents that might be relevant to the case?

Checklist for problems about UIF

1. Name, address and identity number of employee.
   
2. Was the employee a contributor to the UIF?
   
3. Is the employee out of work , or without work because of being pregnant or illness or has the employee died and the dependants are claiming UIF death benefits?
   
4. Was the employee registered by the employer with the Fund?
   
5. Is the employee permanently resident in South Africa?
   
6. Have less than 9 months passed since the employee last worked?
   
7. Has the employee registered for benefits?
   
8. Was the employee told that the benefits are used up? Is the employee still unemployed or sick?
   
9. Have less than 6 months passed since the employee last worked?

Checklist for Compensation problems

1. What is the name of the employee?
   
2. What is the address of the employee: at work and at home?
   
3. What is the age of employee?
   
4. What is the name of the employee's employer at the time of the accident?
   
5. What is the address of the employer?
   
6. What work was the employee doing at the time of the accident?
   
7. What was the date of the accident?
   
8. Has employee received any correspondence (letters or forms) from the compensation office?
   
9. Give details of the accident.
   
10. What is the name of the employee's doctor?
    
11. What injuries did the employee suffer in the accident?
    
12. How long was the employee off work as a result of the accident?
    
13. Is the injury permanent or temporary?
14. Can the employee still do some work or not, for example, light duties?
    
15. Is the employee still having medical treatment or is the medical treatment finished?