Legal Articles

July 17, 2018

Sick leave depleted, can I claim UIF?

In terms of section 19 of the Unemployment Insurance Act No 63 of 2001 the right to claim illness benefits are guaranteed (1) “For the purposes […]
July 10, 2018

DUTY TO INFORM– What does OHS Act require employers to do?

What does the Act entails? In terms of section 13 of the Occupational Health and Safety Act 85 of 1993 (OHS ACT) provides that without derogating […]
July 3, 2018

How do I know I had a fair hearing?

“Definition of a fair hearing – A judicial proceeding that is conducted in such a manner as to conform to fundamental concepts of justice and equality.” […]
June 26, 2018

When must notice of termination/resignation be given?

The notice period for termination of employment is regulated by clause 7 of the Main Collective Agreement of the Motor Industry. It basically provides that in […]
June 19, 2018

What is an Arbitration?

An Arbitration is part of the process that is followed when a dispute, for example unfair labour practices or unfair dismissal is referred to the DRC […]
June 12, 2018

What is a Con/Arb?

Unfairly dismissed during your probation period, you have to refer an “Unfair dismissal dispute” to the MIBCO Dispute Resolution Centre (DRC) for Conciliation and Arbitration. A […]
June 5, 2018

What is Conciliation?

“Definition – The process of adjusting or settling disputes in a friendly manner through extra judicial means. Conciliation means bringing two opposing sides together to reach […]
May 29, 2018

First or Final Written Warning. Really?

In a very short period of time, MISA was confronted with the phenomenon of members receiving either a First Written Warning or a Final Written Warning […]
May 22, 2018

I have resigned, but what about my bonus?

I have resigned, worked my notice and received my accrued leave pay. I usually receive my bonus in December every year, and now I worked for […]