This is the fourth alert notice of those issues that will cause YOU to slip and definitely trip in 2024.
These issues will be incorporated into our famous seminar textbook as well as our highly sought-after PowerPoint presentation. Such alert notice deals with the ‘tricky issue’ of an employer who wishes to deduct from an employee’s remuneration monies erroneously paid to such employee.
We look forward to YOU being part of this continuing learning event – secure YOUR seat, register here.
- In terms of s34(1) of the BCEA, an employer may not make any deduction from an employee’s remuneration unless the employee agrees to the deduction in writing in respect of a debt specified in an agreement or the deduction is required or permitted in terms of a law, collective agreement, court order or arbitration award. In the scenario where an employer is entitled to utilise the principle of no work no pay (ito s67(3) of the LRA), but erroneously does pay employees participating in a protected strike (or an unprotected strike), is the employer entitled to rely on s34(1) of the BCEA to make deductions from such employees’ remuneration to recover such monies erroneously paid?
- To what extent did the labour appeal court recently find that no conflict exists between s67(3) of the LRA (i e the principle of no work no pay) and s34(1) of the BCEA (i e prohibiting an employer to make deductions from an employee’s remuneration unless certain conditions are met)?
- To what extent did the labour appeal court recently determine that, in the absence of an agreement envisaged in s34(1) of the BCEA and the matter not having been adjudicated, the provisions of s34 of the BCEA have not been complied with?
- To what extent did the labour appeal court recently determine that the principle of no work no pay is a law contemplated by s34(1)(b) of the BCEA (read with s67(3) of the LRA) or the common law, thus entitling an employer to make deductions in terms of s34 of the BCEA?
- What are the principles of setoff recently applied by the labour appeal court (with reference to Schierhout v Union Government (Minister of Justice) 1926 AD 286 and Public Servants Association obo Ubogu v Head of the Department of Health, Gauteng and Others 2018 (2) SA 365 (CC)) and why can such principles not be applied when an employer wishes to deduct from an employee’s remuneration monies erroneously paid to such employee in circumstances where there is a dispute about the amount to be deducted and the entitlement to so deduct?
