Legal Articles

Sep 10, 2019

Deemed Resignation

Does my employer need to accept my resignation for it to be valid?   The Supreme Court of Appeal in the matter of “African National Congress […]
Sep 3, 2019

Blazing before work may set your career on fire!

There was a flurry of excitement amongst cannabis users after the Constitutional Court in Minister of Justice and Constitutional Development and Others v Prince & Others […]
Aug 27, 2019

Must an employer provide an employee with an overall or garments, free of charge and by when?

Employees do not always have to pay for their own overalls and garments. The question then arises that who needs to pay for their overalls and […]
Aug 20, 2019

Can you resign with immediate effect to avoid disciplinary action?

Can you resign with immediate effect to avoid disciplinary action? By Jay-Dee Britz, MISA’s Senior Labour Advisor.   In a previous article some time ago, we […]
Aug 13, 2019

Retrenchments and Severance Pay

Retrenchments and Severance Pay   It is always good, if the employers try to avoid retrenchments and it is always good if an employee considers alternatives […]
Aug 6, 2019

Reference Letters – The right to a professional reputation

In terms of clause 7.5 of the MIBCO Main Agreement, an employer is obliged to provide an employee with a certificate of service, upon termination of […]
Jul 30, 2019

My employer refuses to pay me an annual bonus. Is annual bonus compulsory in the Motor Industry?

There is a misconception that bonuses are effected at the employer’s discretion and not compulsory. Most employers prefer to give bonuses subject to the employees’ performance […]
Jul 23, 2019

What is a Full and Final Settlement and when is it Valid?

Definition: “A full and final Settlement Agreement is an Agreement that resolves a dispute between two parties.” (, 2019)   Full and Final Settlement Agreement is an […]
Jul 16, 2019

Who’s your employer?

By Dr Gerrie Ebersöhn, Gerrie Ebersöhn Attorneys Inc.                 From time to time commissioners at the CCMA are called upon to determine whether a person, normally […]