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...

The government’s commitment to place Small, Medium and Micro Enterprises (SMME) and Co-operatives at the center of economic growth and job creation has been given a long awaiting boost by key amendments to the National Small Enterprise Act 2004 (Act no 29 of 2004). The definition of a “Small Enterprise” has been amended now by the deletion of the words, “very small” from the previous definition. The schedule to the Act and definition has also been amended the exclusion of the “very small”...

There may be confusion as to when the employment relationship between the employer and the employee actually commence. The confusion is more around whether the employment relationship is being established at the undersigning of the employment contract, the offer of employment made to the applicant or the appointment letter issued by the employer. However, the question remains as to when this employment relationship actually commences. The definition of an employee according to the Labour...