Employment Law

Employment law update – Appeals

By Talita Laubscher and Monique Jefferson In Police and Prisons Civil Rights Union v Minister of Correctional Services and Another [2014] 5 BLLR 481 (LC) the second respondent, a minority […]

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Employment law update – Exceptional circumstances – consultation in terms of s 189 v compensation

Lebeya v Minister of Police and Another (unreported case no J728-14, 31-3-2014) (Lagrange J) By Moksha Naidoo With 30 years of service, the applicant employee approached the court on an […]

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Employment law update – Labour Court makes costs order against CEO in his personal capacity

By Talita Laubscher and Monique Jefferson In Passenger Rail Authority of South Africa v Molepo [2014] 5 BLLR 468 (LC), the respondent employee, who had been employed as the Chief […]

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Employment law update – Q&A

By Moksha Naidoo Question: I need some case law related to constructive dismissals and specifically to remedies where constructive dismissals took place and what the impact was, if any, on […]

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Employment law update – Arbitrations

  By Talita Laubscher and Monique Jefferson The court in Chabalala v Metal and Engineering Industries Bargaining Council and Others [2014] 3 BLLR 237 (LC) held that the conduct of […]

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Employment law update – Curriculum Vitae fraud – dishonest act which warrants dismissal

Rainbow Farms (Pty) Ltd v Dorasamy and Others (unreported case no D 303-11, 25-2-2014 (Cele J). By Moksha Naidoo The employee was dismissed for what is commonly referred to as […]

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Employment law update – Traditional healer certificates

By Talita Laubscher and Monique Jefferson In the case of Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others [2014] 3 BLLR 207 (SCA) the Supreme Court of Appeal […]

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Employment law update – Q&A

By Moksha Naidoo Question: Does an employer have the right to dismiss an employee in the middle of a disciplinary inquiry without the chairperson’s verdict with the employer stating that […]

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Employment law update – Payment for accrued annual leave on termination of employment

By Talita Laubscher and Monique Jefferson In Ludick v Rural Maintenance (Pty) Ltd [2014] 2 BLLR 178 (LC) the Labour Court considered the accumulation and forfeiture of statutory annual leave […]

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Employment law update – Adopting a flexible and ‘situation sensitive’ approach to discrimination claims

Solidarity obo Barnard v SAPS (SCA) (unreported case no 165/13, 28-11-2013) (Navsa ADP, Ponnan, Tshiqi, Theron JJA and Zondi AJA) By Moksha Naidoo On two separate occasions, Barnard, a white […]

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