Employment Law

Employment law update – Changes to retirement age

In BMW (South Africa) (Pty) Limited v National Union of Metalworkers of South Africa and Another [2018] JOL 40518 (LAC), an employee approached the Labour Court (LC) alleging that her […]

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Employment law update – NUMSA obo members v Transnet SOC Ltd (LC) (unreported case no JS427/15, 31-10-2018) (Van Niekerk J)

Under the heading ‘Freedom of Association’ s 4(2)(a) of the Labour Relations Act 66 of 1995 (the LRA) affords every employee the right to participate in lawful trade union activities. […]

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Employment law update – Discrimination based on an arbitrary ground

In Chitsinde v Sol Plaatje University [2018] 10 BLLR 1012 (LC), the applicant was employed by the National Institute of Higher Education (NIHE) as an asset and fleet management officer. […]

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Employment law update – An ex-employee refers an unfair labour practice dispute

Section 186(2) of the Labour Relations Act 66 of 1995 (LRA), defines an ‘unfair labour practice’ as ‘any unfair act or omission that arises between an employer and an employee’. […]

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Employment law update – Racial discrimination in the workplace

In Shoprite Checkers (Pty) Ltd v Samka and Others [2018] 9 BLLR 922 (LC), an employee referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms […]

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Employment law update – Is dismissal the only appropriate sanction for acts of racism?

Duncanmec (Pty) Ltd v Gaylard NO and Others (CC) (unreported case no CCT 284/17, 13-9-2018) (Jafta J, with Zondo DCJ, Cachalia AJ, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, […]

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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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