Employment Law

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 […]

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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 […]

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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 […]

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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 […]

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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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