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Labour Law

Work Stress and Constructive Dismissal in South Africa

In South Africa, the Labour Relations Act provides a framework for resignation under such circumstances, commonly referred to as constructive dismissal. Constructive dismissal occurs when an employee resigns because their employer's conduct has made continued employment intolerable.

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Under What Circumstances is Resignation Seen as Constructive Dismissal?

Constructive dismissal claims hinge on a trifecta of essential elements that the employee must convincingly prove for a claim to be valid. These elements form the backbone of the legal framework governing constructive dismissal and are critical in understanding both the nature of these claims and the burden of proof required from the employee.

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How Blacklisting Affects Businesses and Individuals in South Africa

In the context of South African law, blacklisting is a notation on an individual's or company's credit report that indicates a history of non-payment or defaulting on debt. This mark can severely impact a person's or entity's ability to borrow money, obtain contracts, or even secure employment.

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Breaking Trust in Employment Relationships

The employment relationship is one based on trust and where the conduct of either parties amounts to a violation of this virtue, it may result in the other party feeling discouraged to play their part in a way that achieves the goals of the arrangement.

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The Obligation to Consult in Terms of Sec 189 LRA

It is widely accepted that the main objective of law is to ensure that justice prevails. In the administration of justice, there is a notion that requires that justice ought not only to be done, but it must be seen to be done.

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The Main Features of Sec 189 & 189A Retrenchments

Sections 189 and 189A of the Labour Relations Act 66 of 1995 provide for dismissals based on the operational requirements of the employer, or in short, retrenchment. This is why a retrenchment is often described as a dismissal that is due to no fault on the part of the employee.

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Retrenchment in South Africa - The Dictates of our Labour Laws

It can be presumed that an employee who voluntarily resigns from their job would have put in place contingency measures to survive until they secure other employment, what of an employee who is summarily dismissed or retrenched?

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Understanding the Amended Employment Equity Act in South Africa

The amended Employment Equity Act introduces several noteworthy changes that demand attention. These revisions, which come into effect on 1 September 2023, will reshape the landscape of employment practices in South Africa.

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Types of Worker's Compensation

There are several types of compensation that workers can claim from the Compensation Fund for following an accident at work or the discovery of a work-related disease.

In this article, our attorneys in South Africa briefly explain each of them for you.

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Faring The Fairness Of A Dismissal In Labour Law

The concept of fairness is unique in labour and employment law in South Africa, and is a vital requirement in the resolution of unfair dismissal disputes. Unlike other areas of law such as criminal litigation, civil litigation or contractual disputes where lawfulness is the cog that wins the day, the fairness of actions is the pedestal upon which a case hinges upon in labour litigation.

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