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LABOUR LAW COMMENTARY: READ US - Labour Law for Employees

How to Chair an Enquiry
How to Chair an Enquiry

Labour Law for Employers
Labour Law for Employers

Social Media Misconduct
Social Media Misconduct

"When you are going through hell, keep going" - Winston Churchill


Employees are required to understand contract law, in particular the acts of offer and acceptance and the consequences thereof.

Dr. Odendaal worked for the department of health in the Eastern Cape for 18 years.

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Retrospective reinstatement is still unlimited.

The constitutional court has recently handed down judgement in Equity Aviation Services / CCMA regarding the extent of retrospective reinstatement in unfair dismissal cases.

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Unfair Labour Practice (such as an unfair suspension) may now be disputed in the CCMA in terms of the Labour Relations Act (LRA) and in the high court in terms of contract law.

To non-governmental employees this means a double protection should a suspension be deemed unfair.

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Discrimination

Ms Mutale claimed that her white colleagues were paid more than her black colleagues.

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Maternity Leave

An employee fell pregnant and agreed with her Employer to return to work a month later after she had given birth.

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Retrenchment Expectations

What your managers must know: - Section 189 of the Labour Relations Act (LRA) governs retrenchments; and - There is a code of good practice on dismissal in terms of retrenchment.

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Where there's a will...

Not legally married? Should you die intestate your spouse will not inherit! Do you have a maintenance order for a child? Should you die intestate an order of court will supersede any surviving spouse or bread winner’s claim against your estate, leaving your spouse and other children ‘slim pickings’ and maybe nothing at all.

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Single Retrecnchment Disputes

Please note that Rand Water v Bracks NO and Others (2007) 28 ILJ 2231 (LC) has been overturned by Scheme Data Services (Pty) Ltd v Myhill NO and Others [2009] 4 BLLR 381 (LC) Rand Water held that, in the event of a single retrenchment as envisaged in s 191(13) of the LRA, the CCMA had jurisdiction only to consider the substantive fairness (and not procedural fairness) of the retrenchment.

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Risk of Representation

Be cautious when representing a fellow colleague during a disciplinary enquiry or negotiation.

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Constructive Dismissal - A Quick Update

Constructive dismissal is covered by Section 186(e) of the Labour Relations Act 66 of 1995.

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Eish, that's not my job!

During 2008, Silverton Spray Painters and Panel Beaters experienced financial woes.

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Small Claims Court Jurisdiction to deal with matters or claims R15 000 and less.

What is the Small Claims Court? This forum allows you/an individual to institute minor civil claims in a speedy, affordable and simple manner without using an attorney.

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You can sue your Union for ineptitude

The Constitutional Court held in Food & Allied Workers Union V Ngcobo N.

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Legal Notice: The information contained herein is provided for general information purposes only. It does not constitute legal advice. Whilst we take reasonable steps to ensure the accuracy and integrity of information contained herein, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect or corrupted. We further accept no responsibility for any loss or damage that may arise from reliance on information contained herein.


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Legal Notice: The information contained herein is provided for general information purposes only. It does not constitute legal advice. Whilst we take reasonable steps to ensure the accuracy and integrity of information contained herein, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect or corrupted. We further accept no responsibility for any loss or damage that may arise from reliance on information contained herein.