Employment Law

Employment law update – Dual claims under the Employment Equity Act and the Labour Relations Act

In Simmadari v ABSA Bank Ltd [2018] 7 BLLR 710 (LC), the applicant referred two claims to the Labour Court – an unfair discrimination claim in terms of the Employment […]

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Employment law update – Inconsistency – not determinative in establishing unfair dismissal

Assmang (Pty) Ltd t/a Khumani Mine v Commission for Conciliation, Mediation and Arbitration and Others (CC) (unreported case no JR2416/15, 24-5-2018) (Lagrange J) There seemingly is a prevailing misconception among […]

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Employment law update – Double jeopardy

In Mahlakoane v South African Revenue Service [2018] 4 BLLR 337 (LAC), the employee, while living with her husband and two minor children, applied for and received child support grants […]

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Employment law update – Reinstatement – a judgment debt for future earnings

Seriti Coal (Pty) Ltd v National Union of Mineworkers obo Moyake and Others (LC) (unreported case no J1425/18, 11-5-2018) (Mashosi J). In a situation where an employee is awarded reinstatement […]

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Employment law update – Automatically unfair dismissal for having made a protected disclosure

In John v Afrox Oxygen Ltd [2018] 5 BLLR 476 (LAC), the employee was dissatisfied with the employer’s re-grading process and referred the matter to the employer’s internal audit department. […]

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Employment law update – ‘Hopeless’ cases to the Labour Court could cause you to forfeit your fees

Mashishi v Madlala and Others (LC) (unreported case no JR2644/11, 15-3-2018) (Van Niekerk J) One of the primary objectives of the Labour Relations Act 66 of 1995 (LRA) is to […]

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Employment law update – Dismissal for insubordination and compensation for fixed term employees

In Jorgensen v I Kat Computing (Pty) Ltd and Others [2018] 3 BLLR 254 (LAC), the appellant was a manager of a branch in Durban which, was running at a […]

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Employment law update – Striking a balance between working hours and meal intervals

Vector Logistics (Pty) Ltd v National Transport Movement and Others (LC) (unreported case no J2876/17, 6-3-2018) (Lagrange J) On 26 June 2017 the first respondent union (NTM), acting in behalf […]

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Employment law update – Refusal to reinstate based on employee’s conduct during arbitration proceedings

In Glencore Holdings (Pty) Ltd and Another v Sibeko and Others [2018] 1 BLLR 1 (LAC), the employee, a bulldozer driver, was dismissed for not wearing prescribed ear muffs during […]

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Employment law update – Section 197 v Bargaining Council’s Main Agreement

SAMWU and Another v City of Johannesburg and Others (LC) (unreported case no JR2228/2013, 2-2-2018) (Whitcher J) When employees conclude a collective agreement, regulating terms and conditions of employment with […]

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