Legal Articles

May 21, 2019

Suspension: substantive and procedural questions

Many disputes have arisen recently about the process and fairness of suspensions where an employee is suspended without first consulting with him or her. By Lizel van […]
May 14, 2019

Leave calculations for motor vehicle- and supply sales persons when going on leave.

The issue is dealt with in clause 5 of the MIBCO Main Collective Agreement. “Remuneration for the purposes of calculating accrued leave pay shall mean an […]
May 4, 2019

What does a retrenchment package consist of?

When an employee is retrenched, it is often referred to as “service pay”. In legal terms, the payment for years of service is referred to as […]
Apr 23, 2019

What should be included in my certificate of service?

A certificate of service would in general terms, assist you in securing employment. As such, this document is quite important to have. Clause 7.5 of the […]
Apr 16, 2019

What is the process when a statutory matter is referred to MIBCO?

In the Retail Motor Industry the employer is obliged to make certain statutory deductions and payments. Examples of statutory deductions include Provident Fund, Union Fees, Council […]
Apr 9, 2019

Can I take leave during my notice period after resigning?

An employer may not always need you to work your notice period, however sometimes would prefer this. The question then arises that if you don’t want […]
Apr 2, 2019

Operational requirements and Retrenchment

The words operational requirements and retrenchment have become synonymous to the retail motor industry. The MISA Legal Department engages or consults with employers on behalf of […]
Mar 26, 2019

What is a Fixed Term Contract?

A fixed term contract is a formal contract of employment between an employee and an employer, where the duration of the contract is established in advance. […]
Mar 19, 2019

Who can represent you at the MIBCO Dispute Resolution Centre?

If you need assistance from a lawyer after you have referred your dispute to the DRC, and a date has been allocated to conciliate or arbitrate […]