Good afternoonI work for a school in Joh...

Asked by the Customer on 07-06-2020 16:16:03
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

Posted by Att. Patrick on 07-06-2020 19:55:49

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

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.