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Wednesday | 18 September | 2019 Requirements for at own risk sign to be valid

By Sanette Viljoen We see signs with the wording “at own risk” every day. We see them in stores, restaurants, playgrounds, etc. What do these signs mean and how important is it to have such a sign? By erecting such a sign the undertaking denies that it accepts any responsibility for any injury, loss of  … Read more

Wednesday | 18 September | 2019 Difference between preference, ordinary and deferred shares

By Sanette Viljoen For many members of the public the issue around shares, what kind of shares there are and the stock exchange is a very unfamiliar concept. Firstly, it is important to know that shareholding in a company merely means that the shareholder owns a portion of the undertaking’s share capital. A distinction should  … Read more

Tuesday | 17 September | 2019 Do religious laws that forbid treatment bind doctors?

By Sanette Viljoen A recent court case regarding the matter of religious conviction vs medical treatment resulted in the life of a very sick little girl being saved. The girl is ten years old and her parents hold religious convictions according to which she may not receive a blood transfusion. Consequently the University of Pretoria’s  … Read more

Monday | 16 September | 2019 Racist Remarks are Grounds for Immediate dismissal.

RACIST REMARKS IN THE WORKPLACE ARE GROUNDS FOR IMMEDIATE DISMISSAL In the recent arbitration of Makhanya and St Gobain, the issue of racist remarks in the workplace came to the fore. The arbitration was conducted under the supervision of the Bargaining Council for the Chemical Industry (NBCCI) with case number GPCHEM 367-18. The ruling was  … Read more

Monday | 09 September | 2019 When must a case be referred to the CCMA

When must a case be referred to the CCMA and what happens when I miss the due date? Section 191 of the Labour Relations Law regulates the period in which a specific dispute must be referred.  According to section 191(1)(b)(i), a dispute regarding an unfair dismissal must be referred within 30 days from the date  … Read more

Monday | 02 September | 2019 What happens at road block with outstanding traffic offences

By Essie Bester The Johannesburg legal firm Wright Rose-Innes recently paid attention to the question as to whether South Africans may be arrested for outstanding traffic fines. The answer in short is that you may well be arrested for outstanding traffic fines. However, this may only happen if the fine was handed to you personally,  … Read more

Monday | 02 September | 2019 Consultation before changing policies

IS AN EMPLOYER OBLIGED TO CONSULT BEFORE CHANGING POLICIES? RELEVANT FACTS: There was a policy at the employer that at retirement, normal or early retirement, contributions will be made for transport costs to an employee’s retirement address, provided that three quotations are given for consideration. However, the policy underwent changes before members retired. These changes  … Read more

Monday | 26 August | 2019 Maternity leave benefits

The Basic Conditions of Employment Act gives pregnant employees the right to take maternity leave. The Unemployment Insurance Fund (UIF) and the Unemployment Insurance Act is applicable to all employers and employees, with the exception of: employees who works less than 24 hours per month for an employer; learners; state officials; foreigners who works in  … Read more

Tuesday | 20 August | 2019 Disturbing noise: What level of noise is too much?

By Marli Naidoo As far as noise is concerned, there is uncertainty about what is acceptable or even legal. May I have a party, may my dog bark, may I weld or drill on a Saturday morning, may my children laugh and shout outside? The legal principle is that one is allowed to use and  … Read more

Monday | 19 August | 2019 Do I forfeit my annual leave during my maternity leave?

Do I forfeit the accumulation of my annual leave during my four-month maternity leave? By Devon Basson   This question is often asked and in most cases the person going on maternity leave is unsure whether her annual leave will accumulate while she is on maternity leave. There is no direct answer to this question.  … Read more

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