Employment Law

Employment law update – Credibility findings – post Heroldt v Nedbank

Solidarity obo Van Zyl v KPMG Services (Pty) Ltd and Others (LC) (unreported case no JR960/12, 10-10-2013) (Fourie AJ) By Moksha Naidoo The question posed by the court in this […]

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Employment law update – Unfair discrimination on the basis of age

By Talita Laubscher and Monique Jefferson In Jansen van Vuuren v South African Airways (Pty) Ltd and Another [2013] 10 BLLR 1004 (LC) the Labour Court was required to consider […]

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Employment law update – ‘Grossly irregular’ to reduce the Sidumo test

Herholdt v Nedbank Limited (SCA) (unreported case 701/2012, 5-9-2013) (Cachalia and Wallis JJA; Nugent, Shongwe JJA and Swain AJA concurring) By Moksha Naidoo The appellant, Herholdt, a financial advisor, was […]

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Employment law update – The interplay between constructive dismissal and reinstatement

By Talita Laubscher and Monique Jefferson In Western Cape Education Department v General Public Service Sectoral Bargaining Council and Others [2013] 8 BLLR 834 (LC) Steenkamp J was required to […]

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Employment law update – Challenging trade union’s right to represent its member at arbitration based on its own constitution

NUM obo Mabote v Commission for Conciliation, Mediation and Arbitration and Others (LC) (unreported case no C1010/12, 21-6-2013) (Steenkamp J). By Moksha Naidoo The third respondent, Kalahari Country Club (Kalahari) […]

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Employment law update – Independent contractors v employees

By Talita Laubscher and Monique Jefferson In Kambule v Commission for Conciliation, Mediation and Arbitration and Others [2013] 7 BLLR 682 (LC), the applicant referred an unfair dismissal dispute after […]

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Employment law update – No transfer of authority to transfer employee

The Minister for Public Service and Administration and Another v Kaylor (LAC) (unreported case CA18/12, 11-6-2013) Davis JA (Tlaletsi ADJP and Coppin AJA concurring). By Moksha Naidoo The respondent employee […]

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Employment law update – Affirmative action

By Talita Laubscher and Monique Jefferson In Naidoo v Minister of Safety and Security and Another [2013] 5 BLLR 490 (LC), the respondent had an employment equity plan (the plan) […]

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Employment law update – Settlement agreements

Greef v Consol Glass (Pty) Ltd CA (LAC) (unreported case no 02/12, 21-5-2013) Coppin AJA (Waglay JP and Tlaletsi JA concurring). By Moksha Naidoo Can an employee who is dismissed […]

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Employment law update – Non-disclosure of previous dismissal

By Talita Laubscher and Monique Jefferson In Eskom Holdings Ltd v Fipaza and Others [2013] 4 BLLR 327 (LAC) the Labour Appeal Court considered whether it was fair for Eskom […]

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