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25

Arbitrary Ground Journal

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Alleging Discrimination based on an Arbitrary Ground: For an applicant to successfully prosecute his or her case on the basis of unfair discrimination on an “arbitrary ground” as contemplated in section 6(1) read together with section 11(2) of the EEA, the applicant will be required to identify and state the ground relied upon and such ground must have some characteristics that impacts upon his/her human dignity. Section 6 of the EEA provides as follows:  “Prohibition of unfair discrimina...
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Fixed-term Contracts of Employment: Ensuring Compliance with the Labour Relations Act   The amendments to the Labour Relations Act (“the LRA”) in particular section 198B thereof, which amendments came into operation on 1 January 2015, clarifies the legal position regarding fixed-term contracts of employment.   Section 198(B): - In terms of section 198B, there are two main remedies available to an employee employed on a fixed-term contract – to be deemed indefinite (section 198B (5)) or t...
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20

Hearsay Evidence

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Hearsay Evidence The common law definition of hearsay evidence has been replaced with a statutory definition. Hearsay evidence is defined in Section 4 of the Law of Evidence Amendment Act 45 of 1988 as: “Evidence whether oral or in writing, the probative value of which depends upon the credibility of any person other than the person giving such evidence”. It affirms that the person who tenders hearsay evidence is not the originator of that evidence. Generally, hearsay evidence is inadmiss...
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31

Picketing

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Picketing   The Labour Relations Amendment Act significantly amends section 69 dealing with picketing. The amendment requires a commissioner/BC panellist appointed to deal with the dispute that may lead to the strike/lockout to determine the rules surrounding the picket. A conciliating commissioner or BC panellist is therefore compelled to try and secure a picketing agreement between the parties when conciliating the dispute, before the expiry of the conciliation time limit. Parties are there...
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1 January 2019 marked a new era for the South African labour market, with the introduction of the long-awaited and ground-breaking National Minimum Wage Act (NMWA). The NMWA introduced a national minimum wage below which no worker should be paid.
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