WorkRights SA Consultants

15/05/2026

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07/03/2026

⚖️ ROAD ACCIDENT FUND CLAIMS

🚗 Injured in a Road Accident? You May Be Entitled to Compensation.

If you were injured as a driver, passenger, or pedestrian, you may claim compensation from the Road Accident Fund.

We assist with claims for:

✔ Medical expenses
✔ Loss of income
✔ General damages (pain and suffering)
✔ Future medical costs
✔ Loss of support for families of deceased victims

⚠ You do not pay unless the claim succeeds.

Do not deal with the RAF alone — let an experienced attorney handle your claim.

⚖️ LABOUR LAW SERVICES

💼 Problems at Work? Know Your Rights.
We assist employees with:

✔ Unfair dismissal
✔ Disciplinary hearings
✔ Workplace harassment
✔ Unpaid salaries or overtime
✔ Constructive dismissal
✔ Retrenchments

We help clients at the Commission for Conciliation, Mediation and Arbitration or any bargaining council and Labour Court of South Africa.

📞 Book a consultation today.

04/03/2026

🚨 LANDMARK RAF JUDGMENT – WHO IS THE “DRIVER”? 🚨

The Western Cape High Court was recently confronted with a crucial legal question:
👉 If a passenger suddenly pulls up the handbrake while the vehicle is moving — causing an accident — does that passenger become the “driver” in terms of the Road Accident Fund Act?

⚖️ The Court’s Finding

The Court held that when the passenger lifted the emergency brake while the vehicle was in motion, the driver was no longer in control.
In that moment, the passenger took control of the vehicle and became the “driver” for purposes of liability under the RAF Act.

📌 The Facts

Rondene Jantjies was driving on a clear morning at approximately 60 km/h after collecting her boyfriend, who was agitated about being late for a computer exam.
Without warning, he pulled up the handbrake.
The vehicle left the road and overturned.
Jantjies sustained severe injuries to her legs, arm, spinal cord, and face. Tragically, her boyfriend passed away at the scene.
An eyewitness confirmed the vehicle suddenly veered off the road before overturning.

🏛 What the Law Says

Acting Judge AG Christians referred to the RAF Act, which provides:
A motor vehicle propelled by mechanical, animal, human power, gravity, or momentum is deemed to be driven by the person in control of the vehicle.
The Court found that control — not simply who is seated behind the steering wheel — determines who is the “driver”.

💡 Why This Matters This judgment clarifies liability in unexpected circumstances and may significantly impact future RAF claims involving passenger interference.
If you or someone you know has been injured in a motor vehicle accident, understanding your rights is crucial.

📞 Know your rights. Protect your claim.

03/03/2026

🚨 Injured in a Car Accident? Don’t Leave Money on the Table.

If you were injured in a motor vehicle accident, you may have a claim against the Road Accident Fund.

✅ Medical expenses
✅ Loss of income
✅ General damages (pain & suffering)
✅ Funeral expenses (loss of support claims)

Even if: • The accident was years ago
• The other driver was uninsured
• You were a passenger or pedestrian

You may still qualify.

03/03/2026

❓ Can You Be Dismissed After Your Sick Leave Runs Out?
Many employees don’t know their rights — and employers count on that.
Don’t be caught off guard.
💼 Get legal guidance before it’s too late.

Contact us for assistance.

26/02/2026

In addition to Labour and Employment law, we also offer services related to Road Accident Fund.

12/10/2025

12/10/2025

The Constitutional Court confirmed that the parental leave provisions in the Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Unemployment Insurance Act 63 of 2001 (UIF Act) are unconstitutional because they discriminate unfairly between:

Mothers and fathers,

Birth, adoptive, and commissioning parents, and

Adopted children below vs above the age of two years.

ADVICE FOR EMPLOYERS AND EMPLOYEES.

Employers should update HR policies immediately to reflect the new shared parental leave model.

Employees (regardless of gender or parental category) are entitled to equal parental leave rights under the interim reading-in.

Adoptive parents adopting children of any age now qualify for parental leave.

Legal practitioners should advise clients that:

The old maternity/parental leave distinctions are effectively suspended.

UIF benefits will still follow existing rules until amended by Parliament.

Non-compliance by employers could give rise to constitutional and unfair discrimination claims.

10/10/2025

🔍 Advice For Employees and Practitioners

Time limits matter:

Unfair dismissal disputes must be referred to the Labour Court within 90 days after a certificate of non-resolution is issued by the CCMA or bargaining council.

Condonation is not automatic:

A late referral must be accompanied by a formal application for condonation explaining:

The degree of lateness,

The reasons for delay,

The prospects of success, and

The potential prejudice to both parties.

Attorney error may be excusable, but not always:

Courts will consider whether the employee personally contributed to the delay and whether the explanation is reasonable under the circumstances.

Interests of justice test:

The overriding consideration is whether granting condonation serves the interests of justice, not merely procedural compliance.