Employment Law

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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Employment law update – The dangers of not complying with the Practice Manual

Sol Plaatjie Local Municipality v South African Local Government Bargaining Council and Others (LC) (unreported case no PR 192/15, 13-6-2017) (Prinsloo J) With the intention of edifying practitioners of the […]

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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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