Employment Law

Employment law update – An arbitrator’s duty when awarding a remedy

South Africa Revenue Service v Commission for Conciliation, Mediation and Arbitration and Others [2017] 1 BLLR 8 )CC). Is reinstatement an appropriate remedy for an employee who uses the infamous […]

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Employment law update

Section 197 transfers: Can the new employer be joined to proceedings subsequent to the conciliation process? In Temba Big Save CC v Kunyuza and Others [2016] 10 BLLR 1016 (LAC), […]

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Employment law update

Can a co-respondent file an answering affidavit in which it seeks the same relief as the applicant and raises facts and allegations that support the applicant’s claim? In Kruger and […]

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Employment law update

Extension of bargaining council collective agreements to non-parties In Free Market Foundation v Minister of Labour and Others [2016] 8 BLLR 805 (GP), the Free Market Foundation (FMF) challenged the […]

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Employment law update

Affirmative action measures in the absence of an employment equity plan In Solidarity obo Pretorius v City of Tshwane Metropolitan Municipality and Another [2016] 7 BLLR 685 (LC) the applicant […]

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Employment law update

Automatic termination clauses in employment contracts In National Union of Mineworkers obo Milisa and Others v WBHO Construction (Pty) Ltd [2016] 6 BLLR 642 (LC), the applicant employees were employed […]

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Employment law update

                  Equal pay for equal work Pioneer Foods (Pty) Ltd v Workers Against Regression and Others (unreported case no C687/15, 19-4-2016) (Steenkamp […]

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Employment law update

                  Timing of s 197 transfers of employment In Senne and Others v Fleet Africa (Pty) Ltd (LC) (unreported case no J2888/14, […]

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Withdrawing a withdrawal of a dispute and re-enrolling arbitration

By Yashin Bridgemohan South African Municipal Workers Union and Others v Zenzeleni Cleaning and Transport Services CC (LC) (unreported case no JR852/13, 23-2-2015) (Molahlehi J). Section 191(5) of the Labour […]

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Employment law update

                  Appropriate sanction In Trans Hex Group Ltd v Commission for Conciliation Mediation and Arbitration and Others [2016] 2 BLLR 144 (LAC), […]

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