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    Can an employer dismiss an employee for lying?

    Can an employer dismiss an employee for lying?

    Wallace Albertyn The answer to the question is YES! Lying is a form of dishonesty and, depending on the circumstances, may be serious enough to warrant dismissal. This is because it could make an employment relationship intolerable because it makes it difficult to trust the employee. Mosselbay Municipality won a case where an employee was  … Read more

    Make sure the house you buy has building plans

    Make sure the house you buy has building plans

    Sanette Viljoen   Question: I recently bought a house. In 1995 the house was added on to and no plans are available. The owner says the plans were submitted, but at the municipal offices the file for this particular property is empty. My architect says I must request an occupation certificate and plans. The conveyance  … Read more

    Employee or independent contractor?

    Employee or independent contractor?

    By Deon De Jager The nature of the relationship between parties is one of the first issues examined by a representative when a person’s contract is terminated – especially when the fairness of the termination of service is in dispute. A tangible proof of this relationship and an integral part of any dispute is the  … Read more

    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 stopped  … Read more

    Can I resign after notice of disciplinary hearing?

    Can I resign after notice of disciplinary hearing?

    Devon Basson It often happens that employees want to resign when faced with a disciplinary hearing on account of their alleged misconduct. The question employers then have to know the answer to, is “Which options do I have, should the employee resign before the disciplinary hearing?” In most cases the employer has already completed an  … 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

  • 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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