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Tuesday | 26 March | 2019 Falsely accused of racism :

The Labour Appeal Court (LAC) confirmed that a false accusation of racism constitutes a dismissible offense. In the case City of Cape Town v Freddie & Others (2016) 37 ILJ 1364 (LAC) the LAC reviewed an arbitration award in which the Commissioner found that the employee had been unfairly dismissed because he had repeatedly made  … Read more

Monday | 25 March | 2019 Business rescue

When an employee has a claim for outstanding sums of money against an employer and that employer goes into business rescue, litigation can only continue if the statement of claim has been served on the employer before the employer has given notice of business rescue. If the employer has given notice of business rescue and  … Read more

Tuesday | 19 March | 2019 Can someone be evicted from own property?

Can someone with right of ownership be evicted from his own property? By Sanette Viljoen This article focuses on a 2016 verdict by the Highest Court of Appeal in the case of Hendricks v M Hendricks & Others [2015] ZASCA 165. The case is important for the purposes of interpretation by virtue of Section 4(7)  … Read more

Tuesday | 19 March | 2019 Recordings in the workplace

Thanks to modern technology, such as smartphones, it has become so easy to take photos at the workplace, to electronically gather evidence of unlawfulness and to record discussions, calls, meetings and communication electronically. In this article we will briefly consider the legality, or not, of such practices.   In the matter of National Union of  … Read more

Tuesday | 19 March | 2019 Guilty of an offence when merely walking along during march?

By Sanette Viljoen Example: Johnny has some friends who are quite politically driven and who fight for what they believe in. Johnny’s friends often force him to participate in marches. Johnny joins the march to avoid conflict with the friends, but he does not participate in any related unrest. During one such march Johnny’s friends  … Read more

Monday | 18 March | 2019 How does attorney-client privilege work?

By Sanette Viljoen It is important to note that all information between an attorney and his client is really confidential. If this was not the case, clients would be hesitant to divulge any material facts to their attorneys. The information stays confidential after the client has terminated his mandate with the attorney. Even after the  … Read more

Monday | 18 March | 2019 The credibility of witnesses

To succeed in a hearing, it is incumbent upon a party to lead evidence of credible witnesses. In the matter of National Union of Food and Beverage Wine Spirits and Allied Workers Union obo Osman vs. RCL Foods – Animal Feed Division, Commissioner F Maluleke dealt with the credibility of witnesses.   The employee, Mr  … Read more

Tuesday | 12 March | 2019 Amendment of employment conditions

Although the service relationship between an employer and an employee intermingles with certain statutory regulations, the foundation thereof remains the service contract based on the law of contract. The employment relationship is therefore regulated by the contract. A fundamental principle of the law of contract is that the parties must adhere to the agreed conditions  … Read more

Monday | 11 March | 2019 Elements of absenteeism

What are the elements of absenteeism and when can an employee be dismissed for this type of misconduct?   Absenteeism can be defined in late coming, absences from the employee’s workstation and absences from the workplace itself for short periods.   An employee is obliged to render a service for the employer during agreed hours  … Read more

Friday | 08 March | 2019 Maternity leave for men

What are the current laws that apply to men regarding maternity leave? In terms of section 27 of the Basic Conditions of Employment Act, a man can currently take three days’ family responsibility leave with the birth of his child. Current legislation doesn’t provide for paternity leave, but a father is entitled to take paid  … Read more

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