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Filter: Labour
Are You Considered an Employee in Terms of the Labour Relations Act?

03 May 2024,  Bridgeton Petoors

There is often confusion as to whether someone is an independent contractor or an employee, and thus, whether they are... protected under the Labour Relations Act or not. More often than not, independent contractors believe that they have signed employment contracts as employees, when, in reality, they have signed independent contractor agreements and, in laymen terms, have signed ‘their rights away’. That is, their rights under the Labour Relations Act (LRA). This article explores the differences between an independent contractor and an employee, and what factors to take into account in determining each, respectively.

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371
Article
When Can My Employer Convert My Paid Suspension to Unpaid?

06 March 2024,  Bridgeton Petoors

Generally, employees suspended during a disciplinary enquiry are entitled to their full salary. This suspension allows for a thorough investigation... of the incident in the workplace without distractions or obstructions by the employee. However, there are times when an employer might feel that they’re being ‘bled out’ by an employee. This article answers the question of whether an employer can abandon their responsibility to make payment to their employee, pending a disciplinary enquiry.

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1166
Article
“It is not in my job description” may not be a valid excuse to refuse work instructions

03 March 2021

It often happens that employers give instructions to employees that do not form part of their usual routine. This article... will briefly discuss whether employees are obliged to execute all instructions received from their employer or supervisor, even if it is not what the employee was employed to do.

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557
Article
When can I claim constructive dismissal?

18 December 2019

My employer is intentionally creating conditions that render my workplace conditions intolerable and no continuation of the employment relationship is... possible. What can I do in this instance?

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436
Article
Are the white lies on your CV really just white lies?

05 November 2019,  Meerushini Govender

October 2019, was Justice month as Ramaphosa signs in various new laws, one of them being CV Fraud. Do you... embellish your curriculum vitae to increase your chances of procuring a new job? A fake matric certificate, inflated education, fake degree certificates and unfinished degrees are some of the common embellishments that are found on a CV. 

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710
Article
Who is the employer? The labour broker or the client?

06 May 2019

I was employed by a Temporary Employment Service (“TES”) to work on a fixed-term basis for a company that manufactures... stationery. After working for the same client continuously for six years, I was informed that my services will no longer be needed. I want to refer my matter to the Commission for Conciliation, Mediation and Arbitration, however, who will be the responsible party?

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1803
Article

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