Often times, employees not happy or aggrieved with the working environment or condition(s) find themselves having to tender their resignation and referring a dispute of constructive dismissal with either The Commission for Conciliation, Mediation and Arbitration (CCMA) or relevant bargaining council without obtaining proper legal advice. In cases of constructive dismissal, it is imperative to first get the understanding of what the term really entails before taking a decision of terminating...

In the following case TDF Network Africa (Pty) Ltd v Faris (2019) 28 LAC 1.11.9, the employee referred to as Faris was employed as part of a graduate management program in 2011 and signed an employment contract in 2012. Faris said that she told the employer at the time of signing her employment contract that she was an Adventist and cannot work on the Sabbath, which was Saturday. She further stated in the case that she told one of the other managers that she could not work on a Saturday as she...

An employee is appointed to perform certain tasks and to provide required results in exchange for remuneration. Original creation and/or work in any form and the rights the author have over that work is referred to as intellectual property. Intellectual property is protected by copyright or patent or other rights. The rights to intellectual property generally vest in the author thereof. So, how does it work if an employee creates something original during the performance of duties, is the...