ARTICLES

When can I go on maternity leave?

When can I go on maternity leave?

Maternity leave is regulated by section 25 of the Basic Conditions of Employment Act. This specific section regulates the amount of leave a woman is entitled to, as well as when such leave should commence. In terms of this section a woman is entitled to four consecutive months of unpaid maternity leave. Therefore, the employer  … Read more

The law when it comes to your domestic worker’s rights

The law when it comes to your domestic worker’s rights

By Anja van den Berg Millions of women and girls around the world turn to domestic work as one of the few options available to them in order to provide for themselves and their families. Abuses against domestic workers, typically taking place in private homes and hidden from the public eye, have garnered increased attention  … Read more

My employer has deducted money from my salary,what can I do?

My employer has deducted money from my salary,what can I do?

Employers may deduct amounts from your remuneration for a contribution to a pension fund or provident fund.  The authority to deduct these amounts usually stems from the terms in an employment agreement with the employee, or as a condition to be met in order to be employed.  It could also be that the employer deducts  … Read more

Debt: You may not pay back more than double

Debt: You may not pay back more than double

By Sanette Viljoen Debt is a common phenomenon in South Africa. That is why there are many parties that take advantage of people’s debt. Therefore, inform yourself about the contents of the in duplo rule and the National Credit Act (Act 34 of 2005, hereinafter referred to as the NCA), so that you do not  … Read more

Consumer’s claim against a second-hand-car dealer

Consumer’s claim against a second-hand-car dealer

By Sanette Viljoen Second-hand-car dealers are commonplace is South Africa. Thousands of people simply cannot afford to buy a new car and therefore buy second-hand cars. In a recent case the court refused a consumer’s claim regarding a defect second-hand car and held that the consumer should have foreseen the possibility of mechanical faults because  … Read more

Trade Union Solidarity deals with cases relating to labour law only, which is one of the benefits of membership the union offers. All other legal matters on this page (civil law and criminal law) are dealt with by other parties and are not included in the benefits of membership offered by Solidarity. Solidarity legal services is not bound to the advice and articles published on this page. When reading an article, check the publication date to ensure you get up-to-date advice and not advice that is no longer valid.

Click here to download the necessary forms authorising Solidarity to act on your behalf in line with its policy and powers.

IOD OHS mandate form/Complaint form

Labour court mandate form/Complaint form

Mandate form/ Complaint form for litigation

Solidarity's general litigation division provides assistance to members who encounter legal problems in the workplace. Assistance is provided in respect of legal enquiries, consultations, grievance procedures, disciplinary inquiries, conciliations and arbitrations.

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  • In the case of South African Airways v Van Vuuren, the distinction between “compensation” and “damages” was deliberated in the judgment of the Labour Appeal Court. It was clear that the two words were often used interchangeably because of their meanings being ambiguous. This would naturally affect the discretion of the court in awarding claims  … Read more

  • It is well-known that Solidarity has been involved in a long battle against government’s implementation of affirmative action. Over the past ten years we have brought several discrimination cases before the Labour Court, the Labour Appeal Court, the Supreme Court of Appeal and also before the Constitutional Court. In 2012 a decision was made to  … Read more

  • Introduction We, as Solidarity’s Centre for Fair Labour Practices, have a number of concerns regarding the proposed amendments to the Employment Equity Act (EEA) as reflected in our comments provided to the portfolio committee. We would like to take this opportunity to focus on the issue we are most concerned about, namely the amendments to  … Read more

  • Much has already been said about the impact that majoritarianism has had on minority unions and the subsequent Marikana “consequences”. However, in this article we consider the effect thereof, especially on minority groups during employment equity negotiations. In terms of section 16 of the Employment Equity Act (No. 55 of 1998)  an employer is required  … Read more

  • Maternity leave is regulated by section 25 of the Basic Conditions of Employment Act. This specific section regulates the amount of leave a woman is entitled to, as well as when such leave should commence. In terms of this section a woman is entitled to four consecutive months of unpaid maternity leave. Therefore, the employer  … Read more

  • Click here to find out what your rights are in terms of prosecution and how to lodge a complaint if any of your rights are being infringed.

    ARREST

    DRUNK DRIVING

    ASSAULT

    HOW DO YOU LAY A CHARGE?

    Solidarity gives its members and supporters access to advice on civil matters by making use of a preferred external firm, serfontein, viljoen and swart. Members of solidarity can get free telephonic advice on civil matters through the solidarity call centre by phoning 0861 25 24 23

    Debt counselling is a process that was introduced by the National Credit Act to assist consumers who have high debt levels and are in trouble. The aim of debt counselling is to restructure debt and establish a repayment plan that is supported by creditors or that is found by the court to be fair in the circumstances.

    In other words, it is a form of rehabilitation that carries on in a structured manner until a consumer’s debt levels return to “normal” and he/she can function normally like any other consumer who controls his/her debt levels.


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