Employers and employees should both understand the concept of “constructive dismissal”. It’s important because our employment laws say that in certain circumstances a “resignation” may in fact amount to a “dismissal”. In which event, the employer has a major problem on its hands unless the dismissal was fair in all respects. 

A recent Labour Court case concerning a long-serving bank employee who claimed to have resigned solely because of his intolerable working conditions helps us answer the questions “What is constructive dismissal?”, “Who must prove it?” and “What must be proved?”

The MTI liquidation is in the news again, this time in the context of the liquidators demanding repayment from investors who managed to get their monies out of the company before its collapse.

Firstly, we debunk the very common myth that “early birds” who get their money out of a pyramid or ponzi scheme in time are “winners” and not, like the vast majority, hands-down losers. 

But how exactly will liquidators use their Insolvency Act powers to pursue early birds for repayment? Read on for the details… 

There’s good news and bad for taxpayers in Budget 2024 – on the one hand, none of the feared increases in income tax rates but on the other, no inflation adjustment to counter “fiscal drag”. 

Have a look at both the official tax tables (including the unchanged transfer duty table and details of the increases in “sin taxes”). Then use the link to Fin 24’s Budget Calculator to do your own personal income tax calculation. 

We end with a note on the “two-pot system” retirement funding reform proposals.

The National Minimum Wage (NMW) for each “ordinary hour worked” has been increased from 1 March 2024 by 8.5% from R25-42 to R27-58. 

Domestic Workers: Assuming a work month of 21 days x 8 hours per day, R27-58 per hour equates to R220-64 per day or R4,633-44 per month. The Living Wage calculator will help you check whether or not you are actually paying your domestic worker enough to cover a household’s “minimal need” (adjust the “Assumptions” in the calculator to ensure that the figures used are up to date).

“Prima facie”

Literally meaning “at first face” or “at first sight”, this term is often used in statutes and contracts to provide that a document is proof of the facts recorded in it in the absence of evidence to the contrary. A birth certificate or a bank certificate of balance are common examples. It can also apply for example to evidence given in a trial in the sense of being “proof (evidence) calling for an answer”. In other words, to be considered correct unless shown not to be.