Employment Law

Employment law update – Does the perfection of a notarial bond amount to a transfer of a business as a going concern?

In Spar Group Ltd v Sea Spirit Trading 162 CC t/a Paledi and Others (2018) 39 ILJ 1990 (LAC), Mr and Mrs Vermaak were employed by Paledi Superspar and Paledi […]

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Employment law update – The Constitutional Court brings finality on the interpretation of an amendment to the LRA

Assign Services (Pty) Ltd v National Union of Metalworkers of SA and Others (Casual Workers Advice Office as Amicus Curiae) (2018) 39 ILJ 1911 (CC) Section 198(2) of the Labour […]

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Employment law update – Unfair discrimination on the basis of disability in circumstances where the employee was reasonably accommodated by the employer

In South African Municipal Workers Union obo Damons v City of Cape Town (LC) (unreported case no C306/2015, 20-4-2018) (Rabin-Naicker J) the applicant alleged that the city’s advancement policy unfairly […]

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Employment law update – Resignation with immediate effect and the legal consequences thereof

It is trite law that an employee who resigns on notice may be disciplined and even dismissed during the course of serving their notice period. Under these circumstances, the employee’s […]

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Employment law update – Dual claims under the Employment Equity Act and the Labour Relations Act

In Simmadari v ABSA Bank Ltd [2018] 7 BLLR 710 (LC), the applicant referred two claims to the Labour Court – an unfair discrimination claim in terms of the Employment […]

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Employment law update – Inconsistency – not determinative in establishing unfair dismissal

Assmang (Pty) Ltd t/a Khumani Mine v Commission for Conciliation, Mediation and Arbitration and Others (CC) (unreported case no JR2416/15, 24-5-2018) (Lagrange J) There seemingly is a prevailing misconception among […]

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Employment law update – Double jeopardy

In Mahlakoane v South African Revenue Service [2018] 4 BLLR 337 (LAC), the employee, while living with her husband and two minor children, applied for and received child support grants […]

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Employment law update – Reinstatement – a judgment debt for future earnings

Seriti Coal (Pty) Ltd v National Union of Mineworkers obo Moyake and Others (LC) (unreported case no J1425/18, 11-5-2018) (Mashosi J). In a situation where an employee is awarded reinstatement […]

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Employment law update – Automatically unfair dismissal for having made a protected disclosure

In John v Afrox Oxygen Ltd [2018] 5 BLLR 476 (LAC), the employee was dissatisfied with the employer’s re-grading process and referred the matter to the employer’s internal audit department. […]

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Employment law update – ‘Hopeless’ cases to the Labour Court could cause you to forfeit your fees

Mashishi v Madlala and Others (LC) (unreported case no JR2644/11, 15-3-2018) (Van Niekerk J) One of the primary objectives of the Labour Relations Act 66 of 1995 (LRA) is to […]

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