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Employment Law

Employment law update – Dishonesty in the fulfillment of a suspensive condition

  In Kawalya-Kagwa v Development Bank of Southern Africa [2017] 1 BLLR 33 (LC), the applicant and the bank entered into a fixed term contract of employment in which the […]

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Employment law update – Balancing of employee’s right to privacy against employer’s right to protect confidential information

In National Union of Metalworkers of South Africa v Rafee NO [2017] 2 BLLR 146 (LC), the employee took photographs of the employer’s production line. When the employer found out […]

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Employment law update – Q&A

Question: I would like to know if it is procedurally fair for an employer to charge you for misconduct after you lodged a grievance pertaining to the same fact which […]

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Employment law update – Dismissal for disability

In Smith v The Kit Kat Group (Pty) Ltd [2016] 12 BLLR 1239 (LC), the employee alleged that he was unfairly discriminated against when the employer refused to allow him […]

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Employment law update – Prescription: The Constitutional Court prescribes the way forward

Myathaza v Johannesburg Metropolitan Bus Services (SOC) Limited t/a Metrobus and Others (CC) (unreported case no CCT232/15,15-12-2016) (Jafta J (Nkabinde ADCJ, Khampepe J and Zondo J concurring)). In 2016 the […]

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Employment law update – Defamation in the context of quasi-judicial proceedings

In Clover SA (Pty) Limited and Another v Sintwa (ECG) (unreported case no CA2011/2015, 13-9-2016) (Mbenenge J), the Eastern Cape Division of the High Court was required to consider qualified […]

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Employment law update – An arbitrator’s duty when awarding a remedy

South Africa Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others [2017] 1 BLLR 8 )CC). Is reinstatement an appropriate remedy for an employee who uses the infamous […]

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Employment law update

Section 197 transfers: Can the new employer be joined to proceedings subsequent to the conciliation process? In Temba Big Save CC v Kunyuza and Others [2016] 10 BLLR 1016 (LAC), […]

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Employment law update

Can a co-respondent file an answering affidavit in which it seeks the same relief as the applicant and raises facts and allegations that support the applicant’s claim? In Kruger and […]

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Employment law update

Extension of bargaining council collective agreements to non-parties In Free Market Foundation v Minister of Labour and Others [2016] 8 BLLR 805 (GP), the Free Market Foundation (FMF) challenged the […]

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