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    What to do to privately prosecute?

    What to do to privately prosecute?

    Question: “In 2016 my son was assaulted in ‘n bar, however the state decided not to prosecute the particular person. Lately I’ve heard a lot in the news about private prosecution. How does it work?”   Answer: While a large percentage of the South African public only recently heard of private prosecution, it is not  … Read more

    How to amend your will

    How to amend your will

    Sanette Viljoen Your will is your last wish regarding the way in which you want your assets to be managed after your death. However, there are times when you would like to amend your will. You may for example have a child and want to include him/her in your will. You may have accrued more  … Read more

    New provision on interest-free loans to a trust

    New provision on interest-free loans to a trust

    Sanette Viljoen In the past many people moved some of their assets to a family trust and financed the disposal by means of an interest-free loan in their own names. However, some tax amendments have now been introduced that will have unfavourable tax consequences for such persons regarding these interest-free loans. A new section 7C  … Read more

    Final warning for 1st offence? Here’s your options

    Final warning for 1st offence? Here’s your options

    Gibbs du Toit My employer recently issued me with a final written warning for absenteeism. I feel that this warning was unreasonable as I have never committed any disciplinary offence with the employer in my two years of service. I have communicated with the employer to try and explain that my child was sick and  … Read more

    Can I claim for a dog-bite?

    Can I claim for a dog-bite?

    Sanette Viljoen When your dog bites another person, a claim for compensation can be brought against you, without you as the owner of the dog being culpable. Even if the owner therefore was not negligent in any way, he/she could still be held accountable for injuries of damages caused by the dog. However, there are  … 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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