Employment Law

Employment law update – Job applicant’s duty to disclose

In Galesitoe v Commission for Conciliation, Mediation and Arbitration and Others [2017] 7 BLLR 690 (LC), the employee was dismissed for failing to disclose at the earliest opportunity that he […]

Read more

Employment law update – Default award – review or rescission?

Bloem Water Board v Hash (unreported case no JA83/2016, 28-6-2017) (Landman JA (with Tlaletsi AJP and Phatshoane AJA concurring)) (LAC). Under what circumstances can an employer launch an application to […]

Read more

Employment law update – Employers thwarting dismissed employees’ attempts for reinstatement by filling their positions

In Mashaba v South African Football Association (“SAFA”) [2017] 6 BLLR 621 (LC), the applicant, Mr Mashaba, was dismissed from his position as head coach of the South African National […]

Read more

Employment law update – The dangers of not complying with the Practice Manual

Sol Plaatjie Local Municipality v South African Local Government Bargaining Council and Others (LC) (unreported case no PR 192/15, 13-6-2017) (Prinsloo J) With the intention of edifying practitioners of the […]

Read more

Employment law update – Reinstatement of employees until a fair consultation procedure is followed

In Association of Mineworkers and Construction Union and Others v Piet Wes Civils CC and Another [2017] 5 BLLR 501 (LC), the Association of Mineworkers and Construction Union (AMCU) instituted […]

Read more

Employment law update – The potential financial implications on an employer in pre-dismissal arbitration

Sampson v South African Post Office SOC Limited (unreported case no J2106-15, 10-5-2017) (Whitcher J) Section 188A of the Labour Relations Act 66 of 1995 allows for what is referred […]

Read more

Employment law update – Conditions in employment contracts providing for automatic termination of employment

In Nogcantsi v Mnquma Local Municipality and Others [2017] 4 BLLR 358 (LAC), an employee was offered a position as a protection officer in terms of a three year fixed […]

Read more

Employment law update – Does a suspensive condition in employment contract apply to offer of employment?

Du Preez v SALGBC and Others (unreported case no C147/15, 29-3-2017) (Lagrange J) While an employer may rely on a suspensive condition in an employment contract to terminate the employment […]

Read more

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 […]

Read more

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 […]

Read more
Loading...