1st Mar 2021

The Proposal for the Reform of South African Marriage Laws

South Africa has an abundance of religions, cultures and belief systems that have enhanced our unique heritage. As a result of this diversity, the law has gradually been developed to afford people the choice to, inter alia, enter into civil marriages, civil unions or same-sex marriages, customary marriages, and religious marriages. Currently, there are separate statutes to govern civil marriages, civil unions, and customary marriages. These are the Marriage Act, 25 of 1961, (“the Marriage Act”), the Civil Union Act, 17 of 2006, (“the Civil Union Act”), and the Recognition […]
11th Feb 2021

What to do when an employee resigns before their disciplinary hearing?

We have found that very often an employee will resign “with immediate effect” in response to a notice to attend a disciplinary hearing. They do this in the hope of evading the disciplinary hearing and its possible consequences. The rationale is that having resigned with immediate effect, the employment relationship is immediately terminated. Labour Court decisions on the correct legal position have not been consistent, but in the main supported the view that once the employee resigns, the employment relationship is terminated and thus the employer will have no right […]
2nd Feb 2021

Constructive Dismissal

Constructive dismissal may be defined as “a situation in the workplace, which has been created by the employer, and which renders the continuation of the employment relationship intolerable for the employee – to such an extent that the employee has no other option available but to resign.”  In lodging a dispute of constructive dismissal, it is for the employee to prove that the employer was responsible for introducing the intolerable condition, and for the employee to prove that there was no other way of resolving the issue except for resignation. […]
25th Nov 2020

Dismissed for Refusing Change

Can Employees be dismissed for operational requirements when they have refused to accept a change to terms and conditions of employment?   This question has been answered by the Constitutional Court in the recent judgment in National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (a division of Aveng Africa (Pty) Ltd) and Another 2020 ZACC 23.   Aveng experienced economic difficulties during 2014 and entered into lengthy consultations with its employees (through NUMSA) regarding possible retrenchments. During the consultation process, Aveng offered affected employees revised […]
13th Nov 2020

Antenuptial Contract Competition: Terms & Conditions

ANTENUPTIAL CONTRACT COMPETITION: TERMS AND CONDITIONS Before entering our competition, please make sure you read the following rules, terms and conditions carefully. The promoter is Pagdens Incorporated whose registered office is at 18 Castle Hill, Central, Port Elizabeth. The competition is open to residents of South Africa aged 18 years or over except employees of Pagdens Incorporated and their close relatives and anyone otherwise connected with the organisation or auditing of the competition. There is no entry fee and no purchase necessary to enter this competition. By entering this competition, […]