Employment Law

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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Employment law update – Discrimination on religious grounds

In TDF Network Africa (Pty) Ltd v Faris [2018] JOL 40638 (LAC), the employee was dismissed for refusing to work on Saturdays as she was a member of the Seventh […]

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Employment law update – Narrow v wide interpretation of the term an ‘arbitrary ground’

Naidoo and Others v Parliament of the Republic of South Africa (LC) (unreported case no C865/2016, 12-12-2018) (Prinsloo J). In Naidoo the court admitted conflicting judgments on whether to subscribe […]

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Employment law update – Changes to retirement age

In BMW (South Africa) (Pty) Limited v National Union of Metalworkers of South Africa and Another [2018] JOL 40518 (LAC), an employee approached the Labour Court (LC) alleging that her […]

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Employment law update – NUMSA obo members v Transnet SOC Ltd (LC) (unreported case no JS427/15, 31-10-2018) (Van Niekerk J)

Under the heading ‘Freedom of Association’ s 4(2)(a) of the Labour Relations Act 66 of 1995 (the LRA) affords every employee the right to participate in lawful trade union activities. […]

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Employment law update – Discrimination based on an arbitrary ground

In Chitsinde v Sol Plaatje University [2018] 10 BLLR 1012 (LC), the applicant was employed by the National Institute of Higher Education (NIHE) as an asset and fleet management officer. […]

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Employment law update – An ex-employee refers an unfair labour practice dispute

Section 186(2) of the Labour Relations Act 66 of 1995 (LRA), defines an ‘unfair labour practice’ as ‘any unfair act or omission that arises between an employer and an employee’. […]

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Employment law update – Racial discrimination in the workplace

In Shoprite Checkers (Pty) Ltd v Samka and Others [2018] 9 BLLR 922 (LC), an employee referred a dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) in terms […]

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Employment law update – Is dismissal the only appropriate sanction for acts of racism?

Duncanmec (Pty) Ltd v Gaylard NO and Others (CC) (unreported case no CCT 284/17, 13-9-2018) (Jafta J, with Zondo DCJ, Cachalia AJ, Dlodlo AJ, Froneman J, Goliath AJ, Khampepe J, […]

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