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.   Medical malpractice is a legal cause of action that occurs when a medical- or health care professional deviates from the standards of his or her profession, which action or omission results in the injury or death of a patient.   Negligence takes various forms and degrees of severity. The degree of severity will determine how much a victim can possibly win in compensation.   The following four elements which constitutes negligence must be present in order to proveRead More →

When does prescription begin to run? We see that subject to the provisions of subsections (2), (3) and (4) of section 12 of the 1969 Prescription Act, extinctive prescription in respect of a medical negligence right of action begins to run ‘as soon as the debt is due’.   According to John Saner SC, it is so trite that no authority is needed to underpin the statement that a claim based on medical negligence, being a delictual claim, is a ‘debt’ for the purposes of section 12 of the 1969 Prescription Act.   So, when is the debt in a medical negligence claim ‘due’ –Read More →

Law enforcement members such as officers or officials of the South African Police Service (SAPS) or Metro Police is not allowed to arrest a person or just take a person into custody whenever they feel like it- they must have probable cause to make an arrest. Probable cause is a conformable indication that a crime has already been committed, or that a crime is about to be committed. Without this probable cause, an arrest of a citizen may be considered to unlawful. Common examples of unlawful arrests include: Arrests of the wrong person; Arrests that occur after planting false evidence; Arrests of a person withoutRead More →

GN 691 OF 23 MAY 2003:  CALCULATION OF EMPLOYEE’S REMUNERATION IN TERMS OF SECTION 35 (5) OF THE ACT (BCEA)   With compliments from the Department of Labour…   The Minister of Labour has determined, in Government Notice 691 dated 23rd May 2003, that the following method of calculating employee’s remuneration for the purposes of annual leave in section 21, payment instead of notice in terms of section 38 and severance pay in terms of section 41 of The Basic Conditions of Employment Act shall be effective from 1st July 2003:   The following payments are included in an employee’s remuneration:   Housing or accommodationRead More →

In terms of section 35(5) 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 employer resulting from an error in calculating the employee’s remuneration. The Labour Court has ruled that where an overpayment had been made, all the employer must do is advise the employee of the error in payment and the amount of the deduction it intends to make. It is important to note that this section only applies to an existing employer-employee relationship and to errors in calculating an employee’s remuneration. Where an employer continues toRead More →

Sadly, there is no definition of “benefits” in the Labour Relations Act, No. 66 of 1995 (LRA). Over the years the Labour Court and the Labour Appeal Court have had to try to make sense of this term and there have been many and varied interpretations. Earlier decisions made a distinction between remuneration and a benefit and took a very narrow view. Later decisions linked a benefit to a contractual right enjoyed by the employee (see Hospersa v Northern Cape Provincial Administration [2000] JOL 6301 (LAC)). Employees have always had contractual remedies (including damages and specific performance) at their disposal to remedy the employer’s non-complianceRead More →

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 wrongful arrest claim against the South African Police Service (SAPS), or other law enforcement agency, if relevant. The South African law and the constitution places the rights of its citizens above all else. People have the perception that police officers are above the law and cannot be held accountable for their wrongful actions. However, the reality is totally the opposite and nobody is indeed above the law. Police officers and any other lawRead More →

We successfully represented Mr. Rodney John Benn in his unfair dismissal dispute against one of the world’s leading international satellite operators (who enjoy a powerful fleet of satellites serving users across Europe, Africa, Asia and the Americas). Mr. Benn’s dismissal was found by the arbitrator, a retired judge to be substantively and procedurally unfair. Mr Benn was awarded the maximum of 12 months’ compensation and the Respondent was ordered to pay €243 800.04 (Euro) and the costs of the arbitration, including the Arbitrator’s fees.Read More →

We find guidance in section 83A of the Basic Conditions of Employment Act.   (1)  A person who works for, or renders services to, any other person is presumed, until the contrary is proved, to be an employee, regardless of the form of the contract, if any one or more of the following factors is present:   (a) The manner in which the person works is subject to the control or direction of another person; (b) the person’s hours of work are subject to the control or direction of another person; (c) in the case of a person who works for an organisation, the personRead More →