Employment Law

Employment law update – Refusal to reinstate based on employee’s conduct during arbitration proceedings

In Glencore Holdings (Pty) Ltd and Another v Sibeko and Others [2018] 1 BLLR 1 (LAC), the employee, a bulldozer driver, was dismissed for not wearing prescribed ear muffs during […]

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Employment law update – Section 197 v Bargaining Council’s Main Agreement

SAMWU and Another v City of Johannesburg and Others (LC) (unreported case no JR2228/2013, 2-2-2018) (Whitcher J) When employees conclude a collective agreement, regulating terms and conditions of employment with […]

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Employment law update – Section 197 transfer

In Fraser Alexander (Pty) Ltd v Tswelopele Beneficiation Operation (Pty) Ltd and Others [2017] 12 BLLR 1251 (LC), the applicant had been contracted to perform maintenance and management work on […]

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Employment law update – identifying the correct cause of action

Ekurhuleni Metropolitan Municipality v SAMWU and Others (LAC) (unreported case no JA56/2015, 18-2-2017) (Sutherland JA with Musi JA and Coppin JA) On 11 February 2011 an internal disciplinary hearing was […]

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Employment law update – Deemed dismissal

In Gangaram v Member of the Executive Council for the Department of Health, KwaZulu-Natal and Another [2017] 11 BLLR 1082 (LAC), the applicant sought to review an alleged ‘decision’ by […]

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Employment law update – Q&A

Question: I am a stock controller/driver. I would like to ask a question about my work and how they calculate their time. I have to work a total of 196 hours […]

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Employment law update – Absolution from the instance and equal pay disputes

The case of Sethole and Others v Dr Kenneth Kaunda District Municipality (LC) (unreported case no JS 576/13) (Snyman AJ) concerned a case of absolution from the instance. Snyman AJ […]

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Employment law update – Interpreting a ‘reasonable time’, in which to file an application

G4S Secure Solutions (SA) (Pty) Ltd v Malinga (LAC) (unreported case no JA68/2016, 15-9-2017) (Landman JA (Davis JA and Phatshoane AJA concurring)) The Labour Appeal Court (LAC) was faced with […]

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Employment law update – Employer’s liability for sexual harassment in the workplace

In Liberty Group Ltd v M (2017) 38 ILJ 1318 (LAC), an employee resigned from her employment and stated in her resignation letter that her employment had become intolerable due […]

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Employment law update – What constitutes a transfer of a business?

Imvula Quality Protection and Others v UNISA (unreported case no J435/17, 31-8-2017) (Van Niekerk J) Pursuant to the ‘Fees Must Fall’ campaign the University of South Africa (Unisa) entered into […]

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