Employment Law

Employment law Update – Political party instigating workers to strike

In Calgan Lounge (Pty) Ltd v National Union of Furniture and Allied Workers Union of South Africa and Others [2019] 4 BLLR 393 (LC), representatives of a political party paid […]

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Employment law Update – Interdicting a strike in terms of s 19 of the Labour Relations Amendment Act

Mahle Behr SA (Pty) Ltd v NUMSA and Others; Foskor (Pty) Ltd v NUMSA and Others (LC) (unreported case no D448/19, D439/19, 20-3-2019) (Gush J). The transitional provisions as per […]

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Employment law update – Dismissal for incapacity

In Solidarity and Another v Armaments Corporation of South Africa (SOC) Ltd and Others [2019] 3 BLLR 248 (LAC), the South African National Defence refused to renew the employee’s security […]

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Employment law update – Audi alteram partem vis-à-vis precautionary suspension

Long v South African Breweries (Pty) Ltd and Others; Long v South African Breweries (Pty) Ltd and Others (CC) (unreported case no CCT61/18, 19-1-2019) (Theron J with Mogoeng CJ, Basson […]

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Employment law update – Employers permitted to take prima facie decision on need to retrench

In South African Commercial Catering and Allied Workers Union and Others v JDG Trading (Pty) Ltd [2019] 2 BLLR 117 (LAC), JDG Trading (JDG) concluded a collective agreement with the […]

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Employment law update – Severance pay and a new amendment to the BCEA

Question: I am a teacher who was permanently employed during 2018. I only worked a year and was retrenched due to lack of learner registration this year, so I was […]

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Employment law update – Discrimination on religious grounds

In TDF Network Africa (Pty) Ltd v Faris [2018] JOL 40638 (LAC), the employee was dismissed for refusing to work on Saturdays as she was a member of the Seventh […]

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Employment law update – Narrow v wide interpretation of the term an ‘arbitrary ground’

Naidoo and Others v Parliament of the Republic of South Africa (LC) (unreported case no C865/2016, 12-12-2018) (Prinsloo J). In Naidoo the court admitted conflicting judgments on whether to subscribe […]

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Employment law update – Changes to retirement age

In BMW (South Africa) (Pty) Limited v National Union of Metalworkers of South Africa and Another [2018] JOL 40518 (LAC), an employee approached the Labour Court (LC) alleging that her […]

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Employment law update – NUMSA obo members v Transnet SOC Ltd (LC) (unreported case no JS427/15, 31-10-2018) (Van Niekerk J)

Under the heading ‘Freedom of Association’ s 4(2)(a) of the Labour Relations Act 66 of 1995 (the LRA) affords every employee the right to participate in lawful trade union activities. […]

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