What is Section 77 of the Basic Conditions of Employment ...
26 May 2023Introduction If you are an employee in South Africa, you may have heard of the Basic Conditions of Employment Act 75 of 1997 , which is a law that regulates the minimum standar...
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The Constitutional Court’s Clarification on the Use...
04 May 2023Introduction The recent Constitutional Court case of National Union of Metalworkers of South Africa v Trenstar Ltd ZACC 11 has provided clarity on the use of replacement l...
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Transfer of Businesses as a Going Concern: What Business ...
22 Apr 2023Introduction In today's fast-paced business environment, transfers of businesses as a going concern are becoming increasingly common. The recent Labour Court judgment Ltd a...
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MEDICAL MALPRACTICE – NEGLIGENCE EXPLAINED:
04 Mar 2020Medical 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...
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PRESCRIPTION IN MEDICAL NEGLIGENCE CLAIMS
04 Mar 2020When 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 ...
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WHAT IS AN UNLAWFUL ARREST?
26 Feb 2020Law 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...
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CALCULATION OF EMPLOYEE’S REMUNERATION
21 Feb 2020GN 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 ...
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OVERPAYMENTS
21 Feb 2020In 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...
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WHAT IS A BENEFIT?
21 Feb 2020Sadly, 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 ...
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