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 When reading an article, check the publication date to ensure you get up-to-date advice and not advice that is no longer valid.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
In Direct Channel KwaZulu-Natal (Pty) Ltd v Naidu & others (2015) 36 ILJ 2611 (LC) the employees concerned were retrenched for operational reasons. They then referred a dispute of unfair dismissal to the Labour Court. Shortly thereafter, the employer was placed under liquidation and a liquidator was appointed. The liquidator requested the employees to submit … Read more
There is much uncertainty on when the appointment of employees on fixed-term contracts is unfair and what rights are available to such employees since the coming into operation of the Labour Relations Amendment Act, No. 6 of 2014. This is why we will now be looking at the fairness of appointing employees on a fixed-term … Read more
An employee’s notice period is determined by his or her employment contract. If your employment contract specifies a certain notice period then you will have to adhere to it. This would be the case even if such period happens to be longer than what is stipulated in the Basic Conditions of Service Act (“the Act”). … Read more
According to section 42 of the Basic Conditions for Employment Act, the employer must issue a service certificate to the employee at the time when the service is terminated. The service certificate must hold the following information: Full names of the employee. Name and address of the employer. A description of any collective agreement by … Read more
Rule 23 of the CCMA deals with postponements of arbitrations in the CCMA. Accordingly, an arbitration may be postponed either by written agreement between the parties, or by bringing an application for postponement and on notice to the parties. In the latter instance, the CCMA has a discretion to grant or refuse an application for … 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
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
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.