Ask Athalie Banner

Answers to your questions

Have a question you would like answered? Email us and we may answer it. The questions here are based on ones from our readers, with identifying information removed.

Topic: Labour  |  Show questions and answers for all topics

Can I claim UIF if my WCA has been approved but not paid out?

If your WCA claim was still being assessed, then yes. But it is unclear whether you can apply for UIF now.

Read more

Do I have to attach my provident fund to the child maintenance that I pay?

Yes, but only if you have no other means to continue paying maintenance.

Read more

Why can't spouses married under Muslim rites claim deceased funds?

Marriages under Muslim rites are not yet legally recognised in South Africa.

Read more

Can prisoners claim UIF and provident funds from prison?

Prisoners may claim from the provident fund but not the UIF.

Read more

Will a letter of authority compel the deceased's company to pay out her provident monies?

No, you need to discuss the issue with the provident fund itself.

Read more

Can I appeal the Tshiamiso Trust's Medical Certification Panel's findings?

The panel's decision can be taken on review within 30 days, although the process is unclear.

Read more

Why is my work telling me to pay a penalty fee to draw my provident fund if I resign without notice?

Depending on your contract, your employer may withhold an amount equal to the period of notice not given.

Read more

What will happen to my provident fund if I am sent to prison?

If you are sent to prison, you cannot work and so your employer will dismiss you or take it that you have resigned.

Read more

What procedures need to be followed when submitting a Review Application with the Labour Court?

Review Applications must be initiated within six weeks of the award from the CCMA.

Read more

Is it legal to fire someone without a warning or a hearing?

No, it is not legal to fire someone without a warning or disciplinary hearing in terms of the Labour Relations Act.

Read more