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    Do South Africa’s labour laws apply to South Africans abroad?

    Do South Africa’s labour laws apply to South Africans abroad?

    Gerrit Visser   There have been various cases in which our courts had to contemplate whether South African labour legislation applied to South Africans working abroad. In the most recent case of  Monare teen Suid-Afrikaanse Toerisme [2016] 2 BLLR 115 (AAH) the jurisdiction test was reduced to the following question: Is the workplace abroad separate […]

    Who owns your social media content?

    Who owns your social media content?

    Leanne van Breda and Tracy Cohen   More often than not, people sign up for social media accounts without reading the particular platform’s terms of service. As a result, they are usually completely unaware of the conditions of use or the rights they have signed away in order to create their profile. Have you ever […]

    The steps for the sale of subdivided agricultural land

    The steps for the sale of subdivided agricultural land

    Sanette Viljoen   Subdividing of agricultural land takes place in terms of the Subdivision of Agricultural Land Act no. 70 of 1970. The deed of purchase for the sale of subdivided land can be drawn up and signed immediately on the basis of a sketch plan or description of the subdivided land. As long as […]

    You’ve been overpaid and now your employer wants it back

    You’ve been overpaid and now your employer wants it back

    Chantal van der Merwe   QUESTION My employer overpaid me over the past year and three months and now wants to recover it from my salary. The employer made the mistake, not me. May he do this?   ANSWER Section 34(1) of the Basic Conditions of Employment (hereafter called the “BCEA”) stipulate that an employer […]

    How the right to privacy works

    How the right to privacy works

    Sanette Viljoen   Before the World Rugby Cup tournament of 2003 the Springbok team went to a training camp that later became known as “Kamp Staaldraad” (steel wire). At this camp the players were exposed to gruelling physical exercise, icy temperatures, extreme physical discomfort and humiliating activities. Several of these activities were caught on film. […]

    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.

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    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 […]

  • 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 […]

  • 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 […]

  • 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 […]

  • 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

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    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

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