Employment Law

Employment law update – Evidence relating to the trust relationship

In Autozone v Dispute Resolution Centre of Motor Industry and Others [2019] JOL 41073 (LAC), the applicant, who was employed by Autozone as a driver, was instructed to recruit casual […]

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Employment law update – A legitimate limitation on the right to join a trade union

Lufil Packaging (Isithebe) (A division of Bidvest Paperplus (Pty) Ltd) v CCMA and Others (LAC) (unreported case no DA8/2018, 13-6-2019) (Murphy AJA with Musi JA and Savage AJJA concurring). For […]

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Employment law Update – Discrimination for false allegations of racism and insubordination

In Legal Aid South Africa v Mayisela and Others [2019] 5 BLLR 421 (LAC), the Labour Appeal Court (LAC) had to determine whether an employee’s dismissal for false allegations of […]

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Employment law Update – Limitations on awarding protected promotions

Ekurhuleni Metropolitan Municipality and Another v SALGBC and Others (LC) (unreported case no JR369/15, 10-5-2019) (Whitcher J). Having worked for the applicant municipality for 15 years, during which time he […]

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Employment law Update – Political party instigating workers to strike

In Calgan Lounge (Pty) Ltd v National Union of Furniture and Allied Workers Union of South Africa and Others [2019] 4 BLLR 393 (LC), representatives of a political party paid […]

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Employment law Update – Interdicting a strike in terms of s 19 of the Labour Relations Amendment Act

Mahle Behr SA (Pty) Ltd v NUMSA and Others; Foskor (Pty) Ltd v NUMSA and Others (LC) (unreported case no D448/19, D439/19, 20-3-2019) (Gush J). The transitional provisions as per […]

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Employment law update – Dismissal for incapacity

In Solidarity and Another v Armaments Corporation of South Africa (SOC) Ltd and Others [2019] 3 BLLR 248 (LAC), the South African National Defence refused to renew the employee’s security […]

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Employment law update – Audi alteram partem vis-à-vis precautionary suspension

Long v South African Breweries (Pty) Ltd and Others; Long v South African Breweries (Pty) Ltd and Others (CC) (unreported case no CCT61/18, 19-1-2019) (Theron J with Mogoeng CJ, Basson […]

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Employment law update – Employers permitted to take prima facie decision on need to retrench

In South African Commercial Catering and Allied Workers Union and Others v JDG Trading (Pty) Ltd [2019] 2 BLLR 117 (LAC), JDG Trading (JDG) concluded a collective agreement with the […]

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Employment law update – Severance pay and a new amendment to the BCEA

Question: I am a teacher who was permanently employed during 2018. I only worked a year and was retrenched due to lack of learner registration this year, so I was […]

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