Question posted in the General Law category relating to Gauteng
Good afternoon
I work for a school in Johannesburg. I need advice on whether or not the following indemnity can reasonably be enforced in a school environment. Please see attachments.
Message from the Attorney
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
Yes, in my legal opinion that indemnity can be enforced in a school (or other workplace) environment.
That indemnity has very similar wording to other indemnities that doctors, dentists, workplaces, private schools, and the like are asking their employees, patients, and parents to sign!
Regarding your points in yellow highlighted text -
re 2) Nobody is obliged to return to work. This is true. However, if you do not work you do not get paid. You could elect to take annual leave (which means that you will get paid) however once your annual leave is up, you must either return to work if you want to get paid or take unpaid leave.
re 3) If you need more time, you must tell the school this. What you could do is to club together with 5 teachers and each pay R400 to an attorney who could then answer your group questions of concern. I mean, all of the teachers probably have the same questions.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
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