Legally speaking

Companies using labour brokers to evade workers’ rights

Companies using labour brokers to evade workers’ rights

The Labour Relations Act 1995 (LRA) gives workers important rights and protections, such as protection against unfair dismissal, the possibility of reinstatement, and the right to unionise and take part in collective bargaining. The worker’s direct employer is responsible for these rights. But many companies avoid this by using labour brokers. This allows them to avoid negotiating with casual…

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No surrogate pregnancies for infertile single parents

No surrogate pregnancies for infertile single parents

Would-be parents must share some genetic link with the child if they want to use a surrogate mother, the Constitutional Court has confirmed. In November last year, the Constitutional Court had to make a decision on whether infertile would-be parents could enter into surrogacy agreements, specifically where the child would have no genetic link to…

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Straight or gay: Who inherits when you die?

Straight or gay: Who inherits when you die?

Does your partner inherit your estate if you’re not married? The Constitutional Court has given us the answer: it depends on your sexual orientation. Last week the Court handed down its decision in the case of Laubser v Duplan: the partner in a same sex couple can inherit if the deceased partner did not leave a…

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CCMA victory for non-unionised workers

CCMA victory for non-unionised workers

After a lengthy court battle in the Johannesburg Labour Court with the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Minister of Labour, the Casual Workers Advice Office (CWAO) and the Black Sash have scored a victory in getting representation to non-unionised workers at the CCMA. The application, filed earlier this year, challenged rule…

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Who inherits your partner’s estate if you’re not married?

Who inherits your partner’s estate if you’re not married?

Last Thursday, the Constitutional Court heard an application for leave to appeal. The case involved a gay couple Mr Laubser and Mr Duplan, who lived together but never married. Mr Laubser passed away without having drawn up a will. The question to be decided is whether, following the death of his partner, Mr Duplan could…

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When can the police search your home?

When can the police search your home?

On 14 March 2011, drugs with a street value of R13 million were found during a raid that took place in two residential properties being leased by Grace Kunjana. The police did not have a warrant to search the properties but had received a tip-off from a confidential informant. Kunjana was subsequently arrested. She was…

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