Employment Law

Employment law update – Termination in breach of a statutory provision – a dismissal or nullity?

Edcon v Steenkamp and Others (LAC) (unreported case no JS648/13, JS51/14, JS350/14, 3-3-2015) (Murphy AJA with Tlaletsi DJP and Musi JA concurring). By Moksha Naidoo Section 189A of the Labour […]

Read more

Employment law update – Mutual termination agreements

By Talita Laubscher and Monique Jefferson The applicants in Schroeder and Another v Pharmacare Ltd t/a Aspen Pharmacare [2015] 2 BLLR 168 (LC) each signed a ‘mutual termination settlement agreement’ […]

Read more

Employment law update – The Commission and not the Commissioner can confer jurisdiction on the CCMA in terms of s 147

Qibe v Joy Global Africa (Pty) Ltd and Others (LAC) (unreported case no JA119/13, 15-1-2015) (Setiloane AJA) By Moksha Naidoo This appeal turned on the question of whether a Commission […]

Read more

Employment law update – Re-employment on different terms and conditions

By Talita Laubscher and Monique Jefferson In Kukard v GKD Delkor (Pty) Ltd [2015] 1 BLLR 63 (LAC), Mr Kukard was initially employed on an indefinite basis as a technical […]

Read more

Employment law update – Joinder v Jurisdiction

National Union of Metalworkers of South Africa v Intervalve (Pty) Ltd and Others (CC) (unreported case no CCT 72/14, 12-12-2014) (Cameron J) By Moksha Naidoo Can an employee who alleges […]

Read more

Employment law update – Must discipline be consistently applied?

By Talita Laubscher and Monique Jefferson While there is a general rule that discipline must be consistently applied, the Labour Appeal Court (per Waglay JP, Ndlovu JA and Coppin AJA) […]

Read more

Employment law update – Q&A

By Moksha Naidoo Question: My employer was aware of my criminal record for many years but did nothing and let me continue to work as a law enforcement officer. My […]

Read more

Employment law update – Reinstatement in constructive dismissal cases

By Talita Laubscher and Monique Jefferson In Western Cape Education Department v General Public Service Sectoral Bargaining Council and Others [2014] 10 BLLR 987 (LAC) the respondent employee, Mr Gordon, […]

Read more

Employment law update – Q&A

By Moksha Naidoo Question: The South African Local Government Bargaining Council Disciplinary Procedure and Code collective agreement (collective agreement) stipulates the following in clause 4.2: ‘The code is a product […]

Read more

Employment law update – Section 197 transfers

  By Talita Laubscher and Monique Jefferson In City Power (Pty) Ltd v Grinpal Energy Management Services (Pty) Ltd and Others (LAC) (unreported case no JA55/2012, 29-5-2014) (Davis JA), the […]

Read more