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 When reading an article, check the publication date to ensure you get up-to-date advice and not advice that is no longer valid.
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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.
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
By Mynie Kriek Question: My employer dismissed me without having followed any pre-dismissal procedures. When I referred a dispute of unfair dismissal to the CCMA, my employer offered to reinstate me in order to rectify the pre-dismissal process. Is this lawful, and how will it affect my unfair dismissal case? The set of facts in … Read more
By Hendrik van der Hoven Can a CCMA commissioner change a charge on a charge sheet during arbitration when hearing and adjudicating a case of unfair dismissal? A health and safety officer at a mine brought activities to a halt when he was not carrying out his duties to declare a section of a mine … Read more
By Danielle van Heerden The employment relationship is mainly built on trust. It is generally accepted that employees should act honestly and in the best interest of their employers. Therefore, trust is an important element to consider when deciding whether to continue the employment relationship should be continued with a dishonest employee. Before an employer … Read more
By Johan Roos On the day an employee receives payment, the employer must provide the employee with the following information in writing, in terms of section 33 of the Basic Conditions of Employment Act. The employer’s name and address. The employee’s name and his/her job title. The period when the payments are made. The employee’s … Read more
By Herman Perry No-one wants to keep on working in the same job if there is a possibility that he or she may be promoted at their existing employer. Many employers give individuals the opportunity to apply for promotion. The need for promotion arises when an employer has a job opening and is of the … Read more
By Barend Smit Question: I am working without an employment contract. Is it legal? Answer: There is no general requirement in our labour law that an employee must have a formal employment contract which regulates all aspects of the employment relationship. All persons regarded as employees are under the protection of existing labour legislation and … Read more
By Lize Pieters I stole money from the petty cash, but it was a very small amount. Can I be dismissed? Dishonesty takes on different forms in the labour law context, including theft and fraud. However, theft is regarded by the courts as one of the most serious violations. In Central News Agency (Pty) Ltd … Read more
By Gibbs du Toit Question: My employment was terminated about two weeks ago. I lodged an appeal following the decision. The company has no policy in place about the period within which the appeal process has to be finalised. I heard from a friend that, apparently, I only have a certain period within which I … Read more
By Melissa Erasmus Employees’ employment contracts often contain a clause that provides that their conditions of employment (including their remuneration) may not be discussed with their colleagues. Is such a clause enforceable? Section 78 of the Basic Conditions of Employment Act (No 75 of 1997) provides the following: “ (1) Every employee has the right … Read more
By Rizelle Botha Improper comments on social media. When is a dismissal justified? The abovementioned question is discussed with reference to the case Hanniker/One and Only Cape Town (Pty) Ltd – 26 CCMA 8.37.9 also reported at (2017) 11 BALR 1191 (CCMA). The commissioner found in this matter that dismissal was fair because the employee … Read more
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.