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FAQs

  FAQs

FREQUENTLY ASKED QUESTIONS

See below common questions asked in the area of HR and Labour Relations


Frequently Asked Questions

Why should I spend money on training? What is employment equity? How do I avoid an unfair dismissal and the CCMA? These are just a few of the questions which
will help you explore the daunting area of Human Resources.



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    We have tried to cover the most common FAQs, but this is a vast field.

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    We will adding FAQs around our financial services. In the meanwhile contact us and we'll see if we can assist.

FAQs on General Human Resources Issues
?Why must we spend money training and then the employee leaves the company? We don’t have the
budget or the time right now, either.
We say, what happens if you don’t train your staff properly and they stay? Proper training needs analysis should take place to ensure that any workshop will enhance performance and contribute to the business bottom line. Don’t train for training sake. Also, your people are motivated when the company is keen to develop them further and take an interest in their career development. Most employees will be happy to make up lost time if it is to their benefit.
?Why must I give employees a job description when they know what they should be doing, and when
you do, they won’t do anything else?
Job descriptions form the basis of an effective performance management system. Employees need to be given feedback on how they are doing and if they are meeting your expectations or not. Alternatively, if their work is not acceptable, it would be difficult to argue and prove that there was no misunderstanding. Employees can be tasked with additional responsibilities and would be expected to carry them out, provided they are not “unreasonable.”
?Why must I bother to submit a WSP and WTR when we don’t get a return on our investment?
If you are paying a monthly levy you are entitled to receive a Grant from your sector SETA, even if it does not cover your full costs. As a levy paying member, you are also entitled to benefit through setting up Learnerships and taking advantage of the sector specific training projects as identified as a sector need. The submission of a Plan and Report will also give designated employers points for their BEE scorecard when training previously disadvantaged.
?Why must I have an employment contract?
Because it is a legal requirement, and to avoid disputes regarding terms and conditions of employment.
?Why must I have a policy and procedure document?
In order to properly manage employees, it is important to have a set of rules in the business which all employees are aware of and adhere to. It provides a standardised way of maintaining discipline and effectiveness in the workplace.

FAQs on Employment Equity
? What is the purpose of the Employment Equity Act?
Refer Chapter 1, Section 2 : Purpose of the Act
  • Eliminate unfair discrimination in employment and,
  • Implement positive measures to redress the disadvantaged in employment experienced by “Designated Groups” in the past.
> Read more on Employment Equity Services from SmartMoves.
?We are now deemed to be a “designated” employer and have to submit bi-annual returns, but we
are a small business and there is little room for individual growth. What can we do, we cannot afford
to employ more people?
The Employment Equity Act is about more than completing annual returns and promoting people to higher positions. The first section of the Act relates to all companies who must ensure they do not practice any form of discrimination in the workplace. This starts from recruiting, through to development, disciplinary action and termination. The Codes of Good Practice are a good reference for proposed actions to take to ensure you are following the Act as far as practically possible.

> Read more on Employment Equity Services from SmartMoves.
?What are Designated Groups under the Employment Equity Act?
Note: Proposed changes to Section 21 - expanded.
Designated Groups:
  • black people (Africans, Coloureds and Indians and SA Citizens of Chinese descent);
  • black people who became South African Citizens by naturalisation:
    • Before 27 April, 1994; or
    • After 26 April 1994 who would have been entitled to acquire citizenship by naturalisation prior to that date but who were prevented or precluded by apartheid.
  • women; and
  • disabled persons.
> Read more on Employment Equity Services from SmartMoves.
?What companies are affected under the Employment Equity Act?
The Act must be displayed in all workplaces.
  • Refer: Chapter 1, Section 2 : Prohibition of unfair discrimination
    ALL companies who employ people are to ensure that unfair discrimination is not practiced in the workplace. (Chapter 2).
  • Refer: Chapter 3: Affirmative Action
    Designated Employers, in addition to the above, are to proactively ensure “Affirmative Action” measures are implemented and reported on. (See Duties).
> Read more on Employment Equity Services from SmartMoves.
?Who is deemed to be a Designated Employer under the Employment Equity Act?
Note: Proposed changes to Section 1
  • Employers who have 50 or more employees.
  • Employees whose annual (revenue) turnover meets the threshold as per Schedule 4.
  • Local spheres of government must also now comply with EE requirements.
> Read more on Employment Equity Services from SmartMoves.

FAQs on Industrial Relations Issues
?How do I avoid an unfair dismissal and what are the implications at the CCMA?
By having a comprehensive disciplinary code and conducting a procedurally and substantively fair hearing. An unfair dismissal can incur an adverse award at the CCMA of up to 24 months salary.
?What is the difference between an unfair dismissal and an automatic unfair dismissal?
An unfair dismissal is one that is effected for an unfair reason or procedure. An automatic unfair dismissal is a dismissal in breach of the employee's fundamental rights e.g. ethnicity, religion, sexual orientation.