MEDICAL MALPRACTICE – NEGLIGENCE EXPLAINED:

04 Mar 2020

Medical negligence is defined as the failure to act with the same amount of care that a medical professional would have acted with in the same circumstances.   Medica...

PRESCRIPTION IN MEDICAL NEGLIGENCE CLAIMS

04 Mar 2020

When does prescription begin to run? We see that subject to the provisions of subsections , and of section 12 of the 1969 Prescription Act, extinctive prescription in respect ...

WHAT IS AN UNLAWFUL ARREST?

26 Feb 2020

Law enforcement members such as officers or officials of the South African Police Service or Metro Police is not allowed to arrest a person or just take a person into custody w...

CALCULATION OF EMPLOYEE’S REMUNERATION

21 Feb 2020

GN 691 OF 23 MAY 2003:  CALCULATION OF EMPLOYEE'S REMUNERATION IN TERMS OF SECTION 35 OF THE ACT   With compliments from the Department of Labour…   The ...

OVERPAYMENTS

21 Feb 2020

In terms of section 35 of the BCEA, we see that an employer may not require or permit an employee to repay any remuneration except for overpayments previously made by the employ...

WHAT IS A BENEFIT?

21 Feb 2020

Sadly, there is no definition of “benefits” in the Labour Relations Act, No. 66 of 1995 . Over the years the Labour Court and the Labour Appeal Court have had to try to make ...

UNLAWFUL ARRESTS AND DETENTION

06 Feb 2020

If you have been arrested for something you did not do, or arrested and detained in a wrongful manner and on unlawful grounds, then you may have sufficient reason to submit a wr...

PRESUMPTION AS TO WHO IS EMPLOYEE

10 Dec 2019

We find guidance in section 83A of the Basic Conditions of Employment Act.     A person who works for, or renders services to, any other person is presumed, until the...

LONG AWAITED PARENTAL LEAVE

10 Dec 2019

Section 25A of the Basic Conditions of Employment Act applies.      An employee, who is a parent of a child, is entitled to at least ten consecutive days parental le...