Continuing advances in technology have allowed consumers more freedom in how they connect, interact and transact. The ripple effect of this means that the gate has been opened to non-consensual information sharing and unsolicited direct marketing to consumers. Direct Marketing is defined as follows: Approaching a person, either in person or by mail or any... Read More
case law
Bumping is when employee A who is at risk of being retrenched ‘bumps’ employee B out of his/her position and employee B gets retrenched instead. Bumping is utilized to retain senior, valued staff members who opt to move to a more junior position to remain in the companies’ employ. Bumping has 2 forms namely horizontal... Read More
Employers often ask questions regarding the guidelines to be followed when employees refuse to acknowledge receipt of any labour related document. A labour related document can be regarded as contracts of employment, disciplinary code, company rules and policies, disciplinary procedure documents, retrenchment documents, incapacity procedure documents etc. The most common practices will be discussed below:... Read More
In terms of Section 23 of the South African Constitution the right to strike is unrestricted. Like any right in the Constitution, the right to strike is however not an absolute right. Section 36 of the Constitution allows the right to strike to be limited in terms of the law of general application. Such a... Read More
On 26 July 2018 at 10h00, the Constitutional Court handed down judgment in an application for leave to appeal against an order of the Labour Appeal Court (LAC). The case concerned the interpretation of Section 198A(3)(b) of the Labour Relations Act 66 of 1995 (LRA) and whether this deeming provision resulted in a “sole employment”... Read More
A constructive dismissal is defined as a situation in the workplace created by the employer, which renders the employment relationship intolerable for the employee. Section 186(1)(e) of the Labour Relations Act (LRA) 66 of 1995, states that in circumstances where “an employee terminated a contract of employment with or without notice because the employer made... Read More
Everybody should know by now that the use of racist and or derogatory language in the workplace could cost you your job. Even referring to a black person as “daai swartman”, can be racist and derogatory – as seen in a recent case. Where words like these have been used, and for it to be... Read More
The contract of employment is a reciprocal contract. This means that one promise is made in exchange for another, and one obligation is incurred in exchange for the other. The employee works in exchange for remuneration; the employer remunerates the employee in exchange for the employee offering to place his labour potential at the disposal... Read More
The Consumer Protection Act (CPA) was introduced to the consumer community in 2011, notwithstanding the phenomenon that 7 years later, the consumer still accepts that the supplier selects the recourse on the consumer’s behalf. As a consumer, you may have 3 separate potential claims available to aid yourself in a dispute with a supplier; provided... Read More
The Constitutional Court of South Africa recently held that referring to a colleague as a “swart man” was racist and derogatory in the circumstances and justified the dismissal of the employee who uttered the words. Case: In Rustenburg Platinum Mine v SAEWU obo Meyer Bester and Others [2018] ZACC 13 Mr. Bester (a senior training... Read More
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