by VDT Attorneys | Jun 7, 2018 | Child, Family, Labour, Sexual Offence
A National Register for Sex Offenders (NRSO) was established in June 2009 by the Department of Justice and Constitutional Development under the Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 to assist in curbing the prevalence of...
by VDT Attorneys | Feb 7, 2018 | Appeal, Dispute resolution, Employment, Labour, Litigation, Unfair Labour Practice
To clarify the rule of practice that ‘cost orders follow the result’, or plainly put, that the unsuccessful party must pay the costs of litigation, our Constitutional Court recently reviewed this rule of practice in the context of labour matters heard in the Labour...
by VDT Attorneys | Oct 10, 2017 | Employment, Labour
You are correct in that even though employees are on a protected strike, unions and their striking members are not allowed to intimidate, act violently or cause damage or take part in other unlawful conduct whilst striking. To curb such conduct, employers can...
by VDT Attorneys | Sep 7, 2017 | Employment, Labour
This is a good question and one not so easy to answer. In South Africa, our labour laws provide for the following test to help determine whether someone is an independent contractor or an employee. A person who works for, or renders services to, any other person is...
by VDT Attorneys | Jul 14, 2017 | Labour
The type of clause which you mention as being included in your employment contract is typically referred to as an “automatic termination clause.” The validity of such a clause depends on whether it prevents an employee from exercising any right conferred on an...
by VDT Attorneys | Feb 10, 2017 | Addiction, Employment, Labour
There is a thin line between addiction and being under the influence of alcohol or drugs. Our labour laws recognise addiction as a form of incapacity and employers are required to actively assist employees with overcoming addiction through counselling and...
