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<p align="left">In this study, I will look at the common law principle of offset to see whether it can be applied to employers making deductions against employees for loss or damage. Notice is a quantifiable amount and is a legal debt / therefore. it should be able to be applied as an offset. Two subsections deal with deductions / after looking carefully at the wording of theses subsections I will try to determine whether the one is alternate to the other, or whether the narrow interpretation that the Department of Labour gives to the statute is accurate. A narrow interpretation of the law states that the employee must sign an acknowledgement of debt. However, employees often refuse to sign an acknowledgement of debt, thereby frustrating the law. Could this possibly have been the intentions of the drafters? Surely not, yet the Department of Labour, by having a narrow interpretation of the law, see it as such and as a result the employer is left out of pocket. In this mini-thesis, I will look at the way the law should be interpreted and the way it should be applied in practice.</p>
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| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uwc/oai:UWC_ETD:http%3A%2F%2Fetd.uwc.ac.za%2Findex.php%3Fmodule%3Detd%26action%3Dviewtitle%26id%3Dgen8Srv25Nme4_2420_1297409594 |
| Date | January 2009 |
| Creators | Cara Cato |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis and dissertation |
| Format | |
| Coverage | ZA |
| Rights | Copyright: University of the Western Cape |
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