Category Archives: Labour Law

Restraints of Trade

Restraints of Trade – Opinion of the Labour Court:   The position before and after the Constitutional dispensation has been summed up in and confirmed by Steenkamp J in both Esquire System Technology (Pty) Ltd t/a Esquire Technologies v Cronjé … Continue reading

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Tips to discuss breastfeeding at work

As the average age of motherhood rises and more women understanding the benefits of breastfeeding and knowing their rights, many want to continue breastfeeding when they return to work from maternity leave but don’t know how to raise this issue … Continue reading

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Unfair dismissal and the CCMA

Depending on the industry you are working in, you will have to contact the CCMA or the respective bargaining council if there is one in your industry. For clarity on whether it should be the CCMA or a bargaining council, … Continue reading

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You and your domestic worker

Originally published by www.southafrica.info and republished here as per their kind permissions HERE Are you a domestic worker unsure of your rights? Or an employer or prospective employer wanting to clarify your obligations to your domestic worker? Minimum wages, working … Continue reading

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What is Constructive Dismissals

By André Claassen & Jan du Toit Constructive dismissal has become a convenient escape for disgruntled employees and we find more and more that employees resign with a special condition to their resignation, so as to keep open the back … Continue reading

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When can my employer deduct money from my salary?

Employers are prohibited from making any deductions from an employee’s salary, without the employee’s written consent, except for statutory deductions such as PAYE and SITE tax, UIF, or any other deduction required by law – such as a garnishee order … Continue reading

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Retrenchment and your rights explained

In financial downswings, or when a company is trying to manage their company more effectively, they are often forced to retrench some of their workers, to save money. No matter who one is, or what type of career one has, … Continue reading

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My employer has not paid my salary this month. What can I do about it?

By Chantelle Bothma Coertzen In terms of Section 32 of the Basic Conditions of Employment Act, the employer is obligated to pay his/her employees’ salaries. “(1) An employer must pay to an employee any remuneration that is paid in money … Continue reading

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Can my employer record me, listening in on telephone, read my emails, etc?

By Ray Green on Wednesday, March 19, 2014 at 4:37pm The Regulation of Interception of Communications and Provision of Communication-related Information Act, number 70 of 2002 (Rica) came into effect at the end of September 2005.This act places very tight … Continue reading

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