Employment Law

Employment law update – The Constitutional Court affirms its views

South African Police Service v Solidarity obo Barnard (unreported case no ZACC23, 2-9-2014) Moseneke ACJ (Skweyiya ADCJ, Dambuza AJ, Jafta J, Khampepe J, Madlanga J and Zondo J concurring) By […]

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Employment law update – Polygraph tests

  By Talita Laubscher and Monique Jefferson In DHL Supply Chain (Pty) Ltd and Others v National Bargaining Council for the Road Freight Industry and Others [2014] 9 BLLR 860 […]

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Employment law update – Q&A

By Moksha Naidoo Question: Section 49(3) of the Basic Conditions of Employment Act 75 of 1997 (BCEA) allows for an employer and employee to replace or exclude a basic condition of […]

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Employment law update – Compensation in unfair discrimination cases

By Talita Laubscher and Monique Jefferson In South African Airways (Pty) Ltd v GJJVV [2014] 8 BLLR 748 (LAC) an airline pilot, Van Vuuren, reached the retirement age of 60 […]

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Employment law update – Chamber of Mines obo Members v AMCU and Others (unreported case no J99/14, 23-6-2014) (Van Niekerk J)

By Moksha Naidoo The Chamber of Mines, a registered employers’ organisation, launched an urgent application seeking to interdict the members of the first respondent, the Association of Mineworkers and Construction […]

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Employment law update – Poor work performance of senior manager on probation

By Talita Laubscher and Monique Jefferson In Palace Engineering (Pty) Ltd v Ngcobo and Others [2014] 6 BLLR 557 (LAC), the Labour Appeal Court (LAC) considered the fairness of a […]

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Employment law update – Q&A

  Question: I am an attorney employed as a professional assistant since 2 May 2007. My employment agreement stipulates that I am ‘entitled to a bonus (13th cheque) which is […]

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Employment law update – Appeals

By Talita Laubscher and Monique Jefferson In Police and Prisons Civil Rights Union v Minister of Correctional Services and Another [2014] 5 BLLR 481 (LC) the second respondent, a minority […]

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Employment law update – Exceptional circumstances – consultation in terms of s 189 v compensation

Lebeya v Minister of Police and Another (unreported case no J728-14, 31-3-2014) (Lagrange J) By Moksha Naidoo With 30 years of service, the applicant employee approached the court on an […]

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Employment law update – Labour Court makes costs order against CEO in his personal capacity

By Talita Laubscher and Monique Jefferson In Passenger Rail Authority of South Africa v Molepo [2014] 5 BLLR 468 (LC), the respondent employee, who had been employed as the Chief […]

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