Employment Law

Employment law update – Onus of proof in automatically unfair dismissals

By Talita Laubscher The Labour Appeal Court (LAC) had the opportunity to consider the onus of proof in automatically unfair dismissal cases in State Information Technology Agency (Pty) Ltd v […]

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Employment law update – Discriminating against union employees

Safcor Freight (Pty) Ltd t/a SAFCOR Panalpina v South African Freight and Dock Workers Union (SAFDU) (LAC) (unreported case no DA17/10, 17-9-2012) (Murphy AJA) By Moksha Naidoo The appellant’s branches […]

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Employment law update – Employment equity

By Talita Laubscher Practitioners should note that the Employment Equity Amendment Bill (B31 of 2012) has been published for comment. Among the suggested amendments to the Employment Equity Act 55 […]

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Employment law update – Employment equity groups – who bears the onus?

Gebhardt v Education Labour Relations Council and Others (LC) (unreported case no C820/08, 7-9-2012) (Steenkamp J) By Moksha Naidoo For purposes of meeting employment equity targets, does the employer or […]

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Employment law update – Victimisation – strike action

By Talita Laubscher The applicants in Lungile and Others v Chester Butcheries [2012] 8 BLLR 785 (LC) complained that they were victimised and unfairly discriminated against because they had participated […]

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Employment law update – Changing ‘traditional views’

Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others (LAC) (unreported case no JA78/10, 24-7-2012) (Tlaletsi JA) By Moksha Naidoo The first respondent employee was dismissed for charges related […]

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Employment law update – Dismissal related to a s 197 transfer?

By Talita Laubscher The applicant in Long v Prism Holdings Ltd and Another [2012] 7 BLLR 672 (LAC) was employed as the first respondent’s human resources director from 1 November 1998. […]

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Employment law update – Benefit of the doubt

South African Post Office Ltd v CCMA and Two Others (LC) (unreported case no C293/2011, 18-6-12) (Steenkamp J) By Moksha Naidoo Amid conflicting decisions regarding the subject matter in this […]

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Employment law update – Change in shift pattern

By Talita Laubscher The applicant in Apollo Tyres South Africa (Pty) Ltd v National Union of Metalworkers of South Africa (Numsa) and Others [2012] 6 BLLR 544 (LC) sought to change […]

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Employment law update – BCEA earnings threshold

By Talita Laubscher Practitioners should note that, with effect from 1 July 2012, the earnings threshold published in terms of the Basic Conditions of Employment Act 75 of 1997 (BCEA) increased […]

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