Employment Law

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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Employment law update – Employer seeking order of specific performance

Johnson Matthey (Pty) Ltd v Numsa and Others (LC) (unreported case no J515/2011, 24-4-12) (Gush J) By Moksha Naidoo In terms of an arbitration award, the applicant employer, Johnson, was […]

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Employment law update – Rescission

By Talita Laubscher In Builders Trade Depot v CCMA and Others [2012] 4 BLLR 343 (LC) the fourth respondent employee, Naidoo, was dismissed on 1 December 2009 for drinking on […]

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Employment law update – Private arbitration v collective agreement dispute resolution path

The National Bargaining Council for the Road Freight Industry and Another v Carlbank Mining Contracts (Pty) Ltd and Another (LAC) (unreported case no JA52/10, 20-3-2012) (Murphy AJA) By Moksha Naidoo […]

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