Madhi Inc

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12/02/2025
DISMISSED?DID YOU KNOW?A dismissal is unfair if it is not effected for a fair reason and in accordance with fair procedu...
21/02/2022

DISMISSED?
DID YOU KNOW?
A dismissal is unfair if it is not effected for a fair reason and in accordance with fair procedure. The Labour Relations Act, 66 of 1995 ("the Act"), recognizes three grounds upon which a termination of employment may be legitimate. These are: The Conduct of the Employee, the Capacity of the Employee and the Operational Requirements of the Employers Business.
In terms of the Act, a dismissal is automatically unfair if the reason for the dismissal is one that amounts to an infringement of the fundamental rights of employees, or if the reason is one of those listed in Section 187 of the Act.
In cases where the dismissal is not automatically unfair, the employer must demonstrate that the reason for dismissal is related to the employee’s conduct or capacity, or is based on the operational requirements of the business. If the employer fails to do so, or fails to prove that the dismissal was effected in accordance with a fair procedure, then the dismissal is unfair.

ARRESTED?DID YOU KNOW?Every person who is arrested for allegedly committing an offence has the constitutional right, in ...
02/02/2022

ARRESTED?
DID YOU KNOW?
Every person who is arrested for allegedly committing an offence has the constitutional right, in terms of Section 35(1)(d) of the Constitution, to be brought before a court as soon as reasonably possible, but not later than 48 hours after the arrest.
Naturally, weekends and public holidays are excluded. So if the 48 hours expire outside ordinary court hours or on a day that is not an ordinary court day, then the arrested person must be brought before a court by no later than the first court day after the expiry of the 48 hours.

26/11/2021

At Madhi Inc. we strive at subtracting the obvious and adding the meaningful. We focus on providing a simple, holistic outlook to a wide array of legal matters. We believe that extraordinary legal service should be available to all and we therefore endevour to provide cost effective, efficient legal solutions in any type of legal field⚖️
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