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 When reading an article, check the publication date to ensure you get up-to-date advice and not advice that is no longer valid.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
What is the role of a chairperson in a disciplinary hearing? The role of the chairperson: The person considering the allegations against the employees and any response thereto, often referred to as the chairperson, should be free of bias against the employees concerned and must keep an open mind before making any decision. … Read more
Answer: There is no general requirement in our labour law for an employee to have a formal employment contract which regulates all aspects of the service relationship. All persons regarded as employees according to section 83A of the Basic Conditions of Employment Act, section 200A of the Labour Act, and common law, enjoy the protection … Read more
My employer wants to deduct money from my salary without my input. Is that legal? He says I owe him money because stock went missing and I have to sign an admission of guilt. Section 34 of the Basic Condition of Employment Act No. 75 of 1997 provides for deductions and other actions regarding remuneration. … Read more
May a party be represented by a labour consultant at the CCMA? Rule 25 of the CCMA determines by whom a party may be presented at CCMA conciliation and arbitration proceedings. At conciliation proceedings, the employer party may be represented by an employee or director if the employer is a company; a closed corporation … Read more
How is my retirement age determined when my retirement age is not indicated in my service contract and my employer also has no written policy regarding a retirement age? Section 187(2)(b) of the Labour Relations Act (No. 66 van 1995) stipulates that the termination of an employee’s service, based on the employee’s age, will be … Read more
The effect of warnings or previous convictions on a punishment A final warning can be based on the severity of an offence, but it can also be used by itself to justify a final warning or it can be justified by previous warnings. It is a requirement that only previous warnings given with regard to … Read more
Is an employee obliged to notify his or her employer if they plan to work overtime? Section 10 of the Basic Conditions of Employment Act deals with overtime and stipulates the following: “An employer may not require or permit and employee to: work overtime, except per agreement; work more than ten (10) hours overtime per … Read more
I had to take time off work to take care of my child who was sick. Can I apply for sick leave? Section 22 of the Basic Conditions of Employment Act regulates an employee’s sick leave, and section 23 of the mentioned Act regulates the proof of incapacity. The purpose of an employee’s sick leave … Read more
In terms of section 33 of the Basic Conditions of Employment Act (“the Act”) an employee must receive information in writing about his or her remuneration. The Act furthermore requires that such written information, also known as an employee’s payslip, details one’s earnings, as well as the amount and purpose of any deduction(s). Section 34A … Read more
Rule 3 of the CCMA rules regulates this aspect and provides as follows: In terms of the rules, the word “day” in the calculation of any time period means a calendar day, and the first day is included but the last day is excluded. The last day of any period is excluded if it falls … 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.
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