ARTICLES

Insurance on cars older than 10 years, or not

Insurance on cars older than 10 years, or not

By Tania du Toit In the reigning economic climate, the percentage owners of older vehicles is growing. A paid-off vehicle is a massive asset within a shrinking budget. Now you begin to wonder about that insurance premium: For how long will it make sense to still pay (expensive) car insurance on your older vehicle? Contrary  … Read more

Protection from the CCMA

Protection from the CCMA

Do I enjoy protection from the Commission for Conciliation, Mediation and Arbitration (CCMA) when I work for myself and invoice clients?   The advice given is based on the differences in the definition of an employee and an independent contractor: In terms of Section 213 of the Labour Relations Act (No 66 of 1995), an  … Read more

Criminal slander vs a civil claim for slander

Criminal slander vs a civil claim for slander

By Sanette Viljoen One can bring a criminal claim for slander, but you can also bring a civil claim for slander. What is the difference between these two approaches? The most important difference lies in the burden of proof that rests on the state to prove criminal slander without reasonable doubt, while in a civil  … Read more

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

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

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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

    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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