Dummy payslips? What is this, Osborne?

An interesting issue often taken for granted.

And I thought that it may be beneficial to your listeners, in the context that I'm about to explain.

Yeah.

And once again, good evening to you, Brawbri, and to your listeners.

Good evening to you, Brawbri.

So, as I've always done with you, Brawbri, and your listeners, so the topic today is dummy pay slips and misrepresentation in labor law, the general position, and the theme that I'll be covering is, you know, your starting point, what a dummy pay slip is, and what the law says about that the bca and can submitting a dummy pay slip amount to fraud what should an employer do under those circumstances where an employee presents a dummy pay slip and not a true and actual pay sleep but To twist the angle, what happens were, and this often happens probably, where a prospective employee asks a prospective employer to share a dummy payslip as to how his or her salary will look like.

So the question that I have is, that once it has been established that the basis upon which the employee was employed was on the basis of a dummy or a fake pay slip, the fair process that you just mentioned would include if there is a suspension with pay?

or

more importantly awarding compensation now this is very important The very same section provides that compensation for an unfair labor practice must be just and equitable but may not be more than 12 months remuneration.

And this is a very popular concept among practitioners.

be it HR, ER, lawyers, trade union officials, employer organization officials, that they will always say, ah, you have referred an unfair labor party dispute.

Do you know that the maximum we can get is 12 months? And even that, the commissioner still has a discretion.

And why this is important, imagine you are an employee who has three months of service with the employer and already you are feeling that an unfair labour practice dispute is being committed against you and you refer it and you are successful.

I can guarantee you there's no way you get 12 months because you have three months, the commissioner may consider that you have three months and may award you one month or two months or even nothing in a situation where it simply restores the position that it should have been in but for the unfair labor practice.

It says, what would be unfair labor practice having been denied for, or would that be an unfair labor practice having been denied to interview, to be interviewed over issues that I raised and received and no support from higher leadership?

What is the status as far as that is concerned?

Again, it is subject to the requirements of this country.

So first, you must first qualify to be an asylum seeker.

And then once you are granted the status of asylum, there's a process in which you must be followed before one can start seeking employment.

And there's a famous permit called Section 24 permit.

So in other words, once you have been granted an asylum in a secret state, you must then apply for that permit to allow you to legally reside and seek employment in this country.

And once you have done so, going forward, you can also apply for a formal identity document as well as a refugee travel document for international purposes.

In other words, their status in the employment space is exactly the same as that of a South African.

When it comes to sick leave, can an employer simply just refuse it without reason?

Good afternoon, ma'am, and to your listeners.

The answer is a definite no because sick leave is provided for in the Basic Conditions of Employment Act and that it has to be made available when an employee reports sick, either due to illness or some other form of incapacity.

But by the same token, the employer is equally entitled to request the employee who is taking sick leave to produce a medical signal.

But it doesn't stop there in terms of the latest case law.

The employer is further entitled in the event that he or she doubts the authenticity of the medical certificate or the accuracy thereof.

to request that it be authenticated by the treating doctor more often in the form of a son affidavit.

If you are forced, what line of command does the employee have under these circumstances?