May 23, 2018 | Labour and Employment Law
According to section 34(1) of the Basic Conditions of Employment Act (BCEA), an employer is not allowed to make deductions from an employee’s remuneration/salary without fulfilling specific criteria. Salary deduction requirements In order to make any salary...
Feb 7, 2018 | Labour and Employment Law
Employers should take note that failing to renew a contract of employment, even when the contract period has been fulfilled, can still constitute a dismissal in terms of the Labour Relations Act (LRA). Definition of a dismissal in terms of the Labour Relations Act...
Jan 31, 2018 | Labour and Employment Law
It goes without saying that employers need to be able to trust their employees. Trust is the cornerstone of any relationship, and an employment relationship is no exception. Employees and employers have very specific rights in terms of common law, as well as...
Jan 25, 2018 | Labour and Employment Law
The Regulation of Interception of Communication and Provision of Communication-Related Information Act, 70 of 2002 (RICA) has become more commonly associated with cell phone sim card registrations. It is a generally unknown fact that RICA deals extensively with, in...
Nov 14, 2017 | Criminal Law, Labour and Employment Law, Litigation and Dispute Resolution
Most employers are unaware that they can be held liable for the actions of their employees. Vicarious liability is where someone is held responsible for the actions or omissions of another. In Neethling’s Law of Delict, he describes liability as “the strict liability...
Oct 30, 2017 | Labour and Employment Law
Medical boarding is the inability of an employee to work according to the requirements of his/her job as a result of ill-health or injury. This is also known as “no fault dismissals” as the employee is not to blame for such a dismissal. When to consider medical...
