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Question
Posted by: Zelna | 2011/03/04

Concern with regard to employment at a creche

My mom (66) is working at a crè che on a full time basis for 5 years now. No provision was made in her contract with regards to retirement. Can an employer force someone to retire without giving proper notice and if they do give notice  what the legal time period.

What is the process of dismissal, for example verbally, disciplinary letters, hearings etc.

Have the employer the right to threaten the staff members “ if they don’ t do their job properly, the will get fired’ .

Last one: My mom got injured at the school, is the school responsible for the medical bills and if so, is the school required to keep the necessary forms on the premises to claim for the injury.

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Our expert says:
Expert ImageLabour lawyer

Re: concern with regard to employment at a creche

People cannot be forced to go on retirement if there is no agreed recognised retirement date.

an employer has no right to threaten to fire but has a right to act in accordance with the labour relations act.

If your Mom was injured at the school then the school is responsible to report the accident in terms of COIDA.

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Our users say:
Posted by: Labour Lawyer | 2011/03/25

Re: concern with regard to employment at a creche

People cannot be forced to go on retirement if there is no agreed recognised retirement date.

an employer has no right to threaten to fire but has a right to act in accordance with the labour relations act.

If your Mom was injured at the school then the school is responsible to report the accident in terms of COIDA.

Reply to Labour Lawyer
Posted by: JT | 2011/03/23

This sort of confusion always arrises in small enterprises. In most large companys the retirement cutoff age is 65 years old, and you can go on retirement (without suffering large tax deductions) from the age of 55.

Her employer can dismiss her if they find that she is no longer capable of performing her duty to the letter of the contract. But that involves a proper dissiplinary procedure that culminates in an enquiry with the aim of dissmissing because of incapacity.

Regarding the IOD... these have to be filed imediately when they happen. You can not for instance claim a few days after something happens that you had hurt yourself at work. When an IOD occurs there are specific forms tha need to be filled in that are relevant to the department of labour and an accident investigation needs to be performed. If nothing like this was done I would suggest you contact a lawyer and ask them if you can proceed with a civil case against the company.

Reply to JT
Posted by: adfsasdf | 2011/03/04

No employer are allowed to threaten an employee at any time. They can''t dismiss without a disciplinary hearing or for no reason at all.

Reply to adfsasdf

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