Employment Law

Employment law update – Deemed dismissal

In Gangaram v Member of the Executive Council for the Department of Health, KwaZulu-Natal and Another [2017] 11 BLLR 1082 (LAC), the applicant sought to review an alleged ‘decision’ by […]

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Employment law update – Q&A

Question: I am a stock controller/driver. I would like to ask a question about my work and how they calculate their time. I have to work a total of 196 hours […]

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Employment law update – Absolution from the instance and equal pay disputes

The case of Sethole and Others v Dr Kenneth Kaunda District Municipality (LC) (unreported case no JS 576/13) (Snyman AJ) concerned a case of absolution from the instance. Snyman AJ […]

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Employment law update – Interpreting a ‘reasonable time’, in which to file an application

G4S Secure Solutions (SA) (Pty) Ltd v Malinga (LAC) (unreported case no JA68/2016, 15-9-2017) (Landman JA (Davis JA and Phatshoane AJA concurring)) The Labour Appeal Court (LAC) was faced with […]

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Employment law update – Employer’s liability for sexual harassment in the workplace

In Liberty Group Ltd v M (2017) 38 ILJ 1318 (LAC), an employee resigned from her employment and stated in her resignation letter that her employment had become intolerable due […]

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Employment law update – What constitutes a transfer of a business?

Imvula Quality Protection and Others v UNISA (unreported case no J435/17, 31-8-2017) (Van Niekerk J) Pursuant to the ‘Fees Must Fall’ campaign the University of South Africa (Unisa) entered into […]

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Employment law update – Use of race to describe a person may not be derogatory or offensive

In South African Equity Workers Association obo Bester v Rustenburg Platinum Mine and Another [2017] 8 BLLR 764 (LAC), Mr Bester, a senior training officer, became irritated when he discovered […]

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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 […]

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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 […]

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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 […]

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