A fixed term contract in terms of the CPA is an agreement between a supplier and a consumer as defined in terms of Section 5 of the act. Juristic persons are excluded from Section 14 of the CPA and are applicable only on agreements where natural persons/consumers are a party to the agreement. The period…
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A guide to employment contracts
The significance of employment contracts Employers normally only issue employees with letters of appointment and erroneously believe that if they do not simultaneously conclude a contract of employment; they protect themselves. They then believe they can then terminate the services of employees at any stage “because there are no contracts”. Even though there is no…
The admissibility of hearsay evidence during a disciplinary inquiry
Hearsay evidence is a common problem during disciplinary hearings. Should such evidence be admitted it could result in serious prejudice to the accused, and excluding it could result in the employer or victim suffering. Hearsay evidence occurs when the person who is giving such evidence is not the person who actually witnessed the incident. A…
Restrictions on cancellation penalties
With each new year, resolutions are made to become fitter and healthier, resulting in a large percentage of gym contracts being entered into across South Africa. However, resolutions are often short-lived and the business owner may receive requests for cancellation before the initial contract term has even expired. Informed members often invoking Section 14 of the…
The expectation of renewal and dishonesty: Why it’s crucial to come clean
The Labour Court of South Africa, Johannesburg, was recently faced with the task of taking a closer look at the reasonableness of an employee’s expectation of the renewal of his or her fixed term contract of employment. In the recent case of Njikelana v Kruger N.O and Others, an application was made to review an…
Allegations Of Racism Is Racist In Itself
South Africa has a well-documented history of inequality and discrimination based on race. In an effort to correct the past injustices, the Constitution provides protection through the Bill of Rights which specifically dictates in Section 9 that no person shall be discriminated against based on race, among other listed grounds. As a result, the Employment…
Double Jeopardy – When Can Employers Have Two Bites Of The Cherry?
An overview of circumstances permitting fair deviation from the principle of double jeopardy Double jeopardy is the generally accepted principle adopted from criminal law and applied in employment law, that dictates that an employee cannot be disciplined twice for an offence which he / she has been found guilty or acquitted of. The standard to…
The Employers Guide to: Writing An Employment Reference
Employers are often unsure about how to write an employment reference – what to say, what not to say and what can be said. Employment references play a significant role in the labour market, given the fact that there are currently more prospective job applicants than employment opportunities. In this guide: What is an employment…
The Right To Deny An External Representative At A Disciplinary Hearing
Item 4 of the Code of Good Practice: Dismissal, contained in Schedule 8 ofthe Labour Relations Act (LRA), deals with some of the key aspects ofdismissals based on misconduct. More specifically, The Code of Good Practicestates the following: “The employer should notify the employee of theallegations against him, allow the employee a reasonable opportunity toprepare, to state…
Consumers Rights When It Comes To Direct Marketing
We have all received the unwanted unknown caller phone calls and answered it thinking “what if it is an emergency of a family member etc.” only to be pestered by the unwanted direct marketing calls. These days, one can install an application on your mobile, to identify spam and/or marketing calls, but it seems that…