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    Accumulated leave and resigning

    Accumulated leave and resigning

    By Mynie Kriek Question: I want to resign from my place of work but I would like to know what would happen to my accumulated leave. I have been working for this employer for almost six years. I am entitled to 15 days’ leave per year but I have never taken any leave. I started  … Read more

    Damage: A stone from a lawn mower strikes my car

    Damage: A stone from a lawn mower strikes my car

    Sanette Viljoen One often sees workers mowing grass beside the road. Who bears the risk if one of those lawn mowers should fling up a stone that strikes a car or a person? In this case we look at possible negligence and whether adequate precautions were taken to prevent it. The North Gauteng Supreme Court  … Read more

    When is it legal to take over vehicle instalments?

    When is it legal to take over vehicle instalments?

    Sanette Viljoen Facts: Peter loses his job and can no longer afford the instalments on his vehicle. He sees an advertisement in a newspaper by an agent who advertises that he takes over vehicle instalments. Peter queries the agent about this, who informs him that he has buyers who will take over the instalments and  … Read more

    May I replace my attorney and how do I do it?

    May I replace my attorney and how do I do it?

    Sanette Viljoen There could be several reasons why a person would want to change attorneys. However, it should be done with caution. In this article we are going to explain briefly what should be taken into consideration and how to go about it if you want to change attorneys. Here are some of the reasons  … Read more

    Farmers take note! How to remove occupiers

    Farmers take note! How to remove occupiers

    Sanette Viljoen The Extension of Security of Tenure Act, No. 62 of 1997, is also known as the ESTA Act. This Act regulates the tenants’ right of residence on your farm. The ESTA Act also prescribes the process that needs to be followed if you wish to evict an occupier from your farm. Should this  … 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

  • 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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