ARTICLES

Bank’s responsibility when manager makes withdrawals

Bank’s responsibility when manager makes withdrawals

Bank’s responsibility when a company’s manager make unauthorised withdrawals By Sanette Viljoen Is the bank responsible for a company’s damages if the company’s manager makes withdrawals from the company’s account without the necessary authorisation? This question is answered in the court case of Ungaro & Sons (Pty) Limited v Absa Bank Limited (20063/2003) [2015] ZAGPJHC  … Read more

May anybody deprive me of unhindered possession?

May anybody deprive me of unhindered possession?

Spoliation order By Sanette Viljoen There is a legal rule in our law called a spoliation order. This remedy tries to prevent people from taking the law into their own hands. The common law stipulates that I may bring an application if anybody has despoiled my rights. In an article Advocate Gustav Pienaar explains that:  … Read more

Effect of an indemnity in an e-mail

Effect of an indemnity in an e-mail

By Sanette Viljoen In many cases a long, drawn-out section in fine print appears at the bottom of an e-mail. Usually no-one reads it. Often it contains complicated terminology which indemnifies the sender against this and that. The question is: What is the value thereof? E-mail indemnity has become such a tedious routine that most  … Read more

Claim for negligence against doctor or hospital, at no cost

Claim for negligence against doctor or hospital, at no cost

By Sanette Viljoen Most people think it is practically impossible to lodge a claim for medical negligence against a doctor, specialist or hospital due to the fact that is very expensive and almost unaffordable. It is important to take into account that medical law represents an extremely specialised area of the law. Lawyers and advocates  … Read more

How to remove your name from the blacklist

How to remove your name from the blacklist

By Sanette Viljoen Being blacklisted means that you have a negative credit profile. If you are on the blacklist, it means that you cannot get credit. You will therefore not be able to open a clothes or furniture account. A bank loan will also be impossible. You may only be blacklisted if judgment was taken  … 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.

Read more



  • 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.


    Registreer / Register

    Maak toe / Close