Employment Law

Employment law update – Q&A

By Moksha Naidoo Question: I need some case law related to constructive dismissals and specifically to remedies where constructive dismissals took place and what the impact was, if any, on […]

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Employment law update – Arbitrations

  By Talita Laubscher and Monique Jefferson The court in Chabalala v Metal and Engineering Industries Bargaining Council and Others [2014] 3 BLLR 237 (LC) held that the conduct of […]

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Employment law update – Curriculum Vitae fraud – dishonest act which warrants dismissal

Rainbow Farms (Pty) Ltd v Dorasamy and Others (unreported case no D 303-11, 25-2-2014 (Cele J). By Moksha Naidoo The employee was dismissed for what is commonly referred to as […]

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Employment law update – Traditional healer certificates

By Talita Laubscher and Monique Jefferson In the case of Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others [2014] 3 BLLR 207 (SCA) the Supreme Court of Appeal […]

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Employment law update – Q&A

By Moksha Naidoo Question: Does an employer have the right to dismiss an employee in the middle of a disciplinary inquiry without the chairperson’s verdict with the employer stating that […]

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Employment law update – Payment for accrued annual leave on termination of employment

By Talita Laubscher and Monique Jefferson In Ludick v Rural Maintenance (Pty) Ltd [2014] 2 BLLR 178 (LC) the Labour Court considered the accumulation and forfeiture of statutory annual leave […]

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Employment law update – Adopting a flexible and ‘situation sensitive’ approach to discrimination claims

Solidarity obo Barnard v SAPS (SCA) (unreported case no 165/13, 28-11-2013) (Navsa ADP, Ponnan, Tshiqi, Theron JJA and Zondi AJA) By Moksha Naidoo On two separate occasions, Barnard, a white […]

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Employment law update – Section 189A(13) of the Labour Relations Act

By Talita Laubscher and Monique Jefferson In National Union of Mineworkers v Anglo American Platinum Ltd and Others [2013] 12 BLLR 1253 (LC) the applicant, NUM, brought an urgent application […]

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Employment law update – The court’s inquiry on review

Gold Fields Mining South Africa (Pty) Ltd (Kloof Gold Mine) v Commission for Conciliation, Mediation and Arbitration and Others (LAC) (unreported case no JA 2/2012, 4-11-2013) (Waglay JP) By Moksha […]

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Employment law update – Legal representation at the CCMA

By Talita Laubscher and Monique Jefferson In Commission for Conciliation, Mediation and Arbitration and Others v Law Society of the Northern Provinces (Incorporated as the Law Society of Transvaal) [2013] […]

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