Employment Law

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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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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