Employment Law

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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Employment law update – Resignation in the face of disciplinary action

In South African Medical Association Trade Union obo Rikhotso v MEC: Department of Health, Limpopo Province and Others [2023] 6 BLLR 575 (LC) an employee who was employed as a […]

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Employment law update – The Minister ‘lifts’ her obligation to hold a disciplinary inquiry against a senior employee

Letsholonyane v Minister of Human Settlements and Another (LC) (unreported case no J616/23, 15-5-2023) (Makhura AJ) By virtue of her position as a Deputy Director General: Corporate Services, the Senior […]

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Employment law update – Does a refusal to work overtime constitute insubordination?

In Association of Mineworkers and Construction Workers Union obo Mkhonto and Others v Commission for Conciliation, Mediation and Arbitration and Others [2023] 5 BLLR 403 (LC), four employees, employed by […]

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Employment law update – Lock-out in response to a strike: Distinction between a terminated and suspended strike

National Union of Metalworkers of SA v Trenstar (Pty) Ltd (2023) 44 ILJ 1189 (CC)   Section 76(1)(b) of the Labour Relations Act 66 of 1995 (LRA) reads: ‘An employer […]

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Employment law update – Retirement age

In Bester v SITA (SOC) Ltd [2023] 4 BLLR 303 (LC) an employee alleged that he was forced to retire and, therefore, that the termination of his employment was automatically […]

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Employment law update – Employee seeking to ‘dodge’ retirement by taking leave that extended beyond her retirement age

In Mocwaledi v Premier of the Northern Cape Province [2023] 3 BLLR 254 (LC), the employee, after 32 years of service with the Department, attained the age of 65 years […]

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