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Employment Law

Employment law update – Striking in support of a demand for equal pay

In Comair Ltd v National Union of Metalworkers of South Africa and Others [2019] 8 BLLR 812 (LC), Comair had established an Employment Equity Forum (the EEF) in accordance with […]

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Employment law update – Suspension in the context of allegations of racism

In Solidarity obo Barkhuizen v Laerskool Schweizer-Reneke and Others [2019] 7 BLLR 725 (LC), a primary school teacher was suspended after a photograph of a black child seated apart from […]

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Employment law update – Bargaining Council varying the time period, as set out in the LRA, in which to refer disputes – lawful or not?

Appels v Education Labour Relations Council and Others (LAC) (unreported case no JA19/18, 10-7-2019) (Waglay JP with Jappie and Coppin JJA concurring). Section 191(1)(b)(ii) of the Labour Relations Act 66 […]

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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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