ARTICLES

What must stay when I sell my house?

What must stay when I sell my house?

By Sanette Viljoen Buyers and sellers regularly disagree about the fixtures on fixed property. This article will try to explain the basic principles of what qualifies as fixtures and what not. The leading authority on this is the case of Macdonald Ltd v Radin NO and the Potchefstroom Dairies and Industries 1915 AD 454. This  … Read more

My repossessed vehicle is sold on auction at a bargain price

My repossessed vehicle is sold on auction at a bargain price

By Sanette Viljoen The purpose of an auction is to find a buyer who is willing to pay the highest price for an item. Such an auction can be with or without a reserve price. Without a reserve the highest bona fide bid is accepted and with a reserve it is the highest bid, but  … Read more

Dismissal of a domestic worker suspected of theft

Dismissal of a domestic worker suspected of theft

By Sanette Viljoen The facts: Employer suspects that domestic worker has been stealing. Domestic worker however denies all accusations. Domestic worker agrees to leave, but without any notice period, and decides immediately to approach the CCMA regarding unfair dismissal. Employers must make sure that they have definite evidence before dismissing or even just accusing an  … Read more

The current state of affairs regarding fire-arm licenses

The current state of affairs regarding fire-arm licenses

By Sanette Viljoen Newspapers and social media have recently been abuzz about the Constitutional Court case regarding fire-arm licenses. GOSA (Gun Owners SA) has taken on the National Commissioner and the Minister of Police in the Constitutional Court about the application for and renewal of fire-arm licenses. GOSA’s argument is that re-issuing of licenses is  … Read more

7 Years’ imprisonment for owner of an unroadworthy vehicle

7 Years’ imprisonment for owner of an unroadworthy vehicle

By Sanette Viljoen The road fatality figure in South Africa is excessively high. You can walk through any parking area and just look at the vehicles’ tyre tread to see that a large percentage of vehicles on our roads are unroadworthy. On 11 October 2013 a magistrate passed a sentence that hopefully will serve as  … 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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