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Labour Law

Monday | 15 July | 2019 Dismissal based on race

Dismissal based on race is classified as automatically unfair dismissal in terms of section 187(1)(f) of the Labour Relations Act (No. 66 of 1995). This means that such dismissal violates an employee’s constitutional rights to equality, dignity and fair labour practices. In the matter of Bakulu v Isilumko Staffing (Pty) Ltd and others (2018) 27  … Read more

Monday | 08 July | 2019 Admissibility of electronic communication as evidence

Electronic communication is regulated by the Electronic Communications and Transactions Act (No 25 of 2002), herein after referred to as ECTA. In the definitions, data is defined as electronic presentation of information in any form. Data subject means any natural person in respect of whom personal information has been requested, collected, collated, processed or stored  … Read more

Monday | 01 July | 2019 When is dismissal fair if an employee has been using drugs?

I shall reply to this question with reference to Keys/ GRI Wind Steel South Africa (Pty) Ltd – (2017) 26 MEIBC 8.37.8 also reported at (2017) 10 BALR 1046 (MEIBC). In this case, an employee exhibited strange behaviour such as singing to certain pieces of equipment. The employer tested him for drugs, and the result  … Read more

Monday | 24 June | 2019 Study leave: What have you learnt?

The past few weeks we published a few articles relating to study leave. Now the question is: Have you learnt something from this, and do you understand your rights regarding study leave better now?   Let’s test your knowledge. Underneath is a set of questions followed by their answers. Test yourself and see how you  … Read more

Wednesday | 19 June | 2019 My employer paid for my studies:

By Chantal van der Merwe My employer paid for my studies, but now I want to resign. Do I have to reimburse my employer for the studies that they already paid for? If you signed an agreement with your employer, you will have to refer to the terms and conditions of the specific agreement. The  … Read more

Monday | 10 June | 2019 Study Leave

By Karla Endres Study leave is essential for all employees who try to balance studies with work. Unfortunately, the Basic Conditions of Employment Act does not govern study leave. It is therefore important for a company’s policy to provide for study leave. If this is not the case, it is important for study leave to  … Read more

Tuesday | 28 May | 2019 Representation during my hearing:

I have received a charge sheet stating that a union representative may represent me in my hearing. Does that mean that one of Solidarity’s litigants can represent me?   The Labour Relations Act (“the Act”) makes a distinction between a union official and a union representative. According to the Act, a union official is any  … Read more

Monday | 27 May | 2019 Payment of notice period upon termination of service

Payment of notice period upon termination of service By Devon Basson Section 38 of the Basic Conditions of Service Act stipulates that when an employer offers payment instead of giving the employee notice in terms of section 37 of the Act, an employer may pay the employee the remuneration the employee would have received if  … Read more

Friday | 24 May | 2019 Restraint of trade agreements,following dismissal

Restraint of trade agreements following dismissal or retrenchment Restraint of trade agreements (referred to as “agreement” below) is becoming more frequent among employers in all labour markets. These agreements protect the interests of the employer, but they usually are detrimental to the employee. To begin with, it is important to point out that these agreements  … Read more

Thursday | 23 May | 2019 Oral Resignation

Can an employer, through his actions, accept an employee’s withdrawal from his resignation without confirming the acceptance in writing?   In terms of South Africa’s Labour Law, it is very clear that when an employee communicates his or her resignation to an employer, the resignation will be effective, and need not necessarily be accepted by  … Read more

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