Employment Law

Employment law update – May 2024 – Section 197 transfer

In Katiso Transport and Logistics CC and Another v Eagle Liner Transport (Pty) Ltd and Others [2024] 3 BLLR 255 (LAC) the Labour Appeal Court (LAC) had to determine whether […]

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Employment law update – Runaway employee?

In Association of Mineworkers and Construction Union obo Judas v Commission for Conciliation, Mediation and Arbitration and Others [2024] 2 BLLR 138 (LC), during the height of the COVID-19 pandemic, […]

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Employment law update – Automatically unfair dismissal in the case of a protected disclosure

In Railway Safety Regulator v Kekana [2024] 1 BLLR 40 (LAC) a senior manager was dismissed after lodging a grievance about the Chief Executive Officer’s (CEO’s) alleged unlawful conduct. In […]

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Employment law update – January/February 2024

In Epibiz (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others [2023] 11 BLLR 1188 (LC), the employee was employed by Epibiz (Pty) Ltd (the Company) in the […]

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Employment law update – Testing positive for marijuana in the workplace

In Marasi v Petroleum Oil and Gas Corporation of South Africa (SOC) Ltd [2023] 10 BLLR 1043 (LC), the employee was denied entry to the workplace after he was tested […]

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Employment law update – A ‘record’ breaking judgment

Van Straaten v Wehnke NO and Others (LC) (unreported case no JR1876/21, 12-9-2023) (Moshoana J). In terms of r 7A(6) of the Rules for the conduct of proceedings in the […]

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Employment law update – The scourge of misrepresenting qualifications

In Lesedi Local Municipality v Mphele and Others [2023] 9 BLLR 939 (LC), the Labour Court (LC) held as follows: ‘We live in a world; where inauthenticity and fake credentials […]

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Employment law update – Constructive dismissal

In Mkhutshulwa v Department of Health, Eastern Cape and Others [2023] 8 BLLR 809 (LC), a senior employee who was employed as an assistant director resigned and stated in her […]

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Employment law update – Employee claiming damages for infringement of constitutional rights

In Letimile v Cape Town International Convention Centre Company SOC Ltd [2023] 7 BLLR 670 (LC), a disabled employee instituted a claim in the Labour Court (LC) under the Employment […]

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Employment law update – Is a referral to conciliation always a prerequisite to adjudication?

National Union of Metal Workers of South Africa obo members v SAA Technical (Pty) Ltd (LC) (unreported case no JS30/2022, 31-5-2023) (Prinsloo J). Sections 189A(7) and 191(11) of the Labour […]

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