Employment Law

Employment law update – Section 189A(13) of the Labour Relations Act

By Talita Laubscher and Monique Jefferson In National Union of Mineworkers v Anglo American Platinum Ltd and Others [2013] 12 BLLR 1253 (LC) the applicant, NUM, brought an urgent application […]

Read more

Employment law update – The court’s inquiry on review

Gold Fields Mining South Africa (Pty) Ltd (Kloof Gold Mine) v Commission for Conciliation, Mediation and Arbitration and Others (LAC) (unreported case no JA 2/2012, 4-11-2013) (Waglay JP) By Moksha […]

Read more

Employment law update – Legal representation at the CCMA

By Talita Laubscher and Monique Jefferson In Commission for Conciliation, Mediation and Arbitration and Others v Law Society of the Northern Provinces (Incorporated as the Law Society of Transvaal) [2013] […]

Read more

Employment law update – Credibility findings – post Heroldt v Nedbank

Solidarity obo Van Zyl v KPMG Services (Pty) Ltd and Others (LC) (unreported case no JR960/12, 10-10-2013) (Fourie AJ) By Moksha Naidoo The question posed by the court in this […]

Read more

Employment law update – Unfair discrimination on the basis of age

By Talita Laubscher and Monique Jefferson In Jansen van Vuuren v South African Airways (Pty) Ltd and Another [2013] 10 BLLR 1004 (LC) the Labour Court was required to consider […]

Read more

Employment law update – ‘Grossly irregular’ to reduce the Sidumo test

Herholdt v Nedbank Limited (SCA) (unreported case 701/2012, 5-9-2013) (Cachalia and Wallis JJA; Nugent, Shongwe JJA and Swain AJA concurring) By Moksha Naidoo The appellant, Herholdt, a financial advisor, was […]

Read more

Employment law update – The interplay between constructive dismissal and reinstatement

By Talita Laubscher and Monique Jefferson In Western Cape Education Department v General Public Service Sectoral Bargaining Council and Others [2013] 8 BLLR 834 (LC) Steenkamp J was required to […]

Read more

Employment law update – Challenging trade union’s right to represent its member at arbitration based on its own constitution

NUM obo Mabote v Commission for Conciliation, Mediation and Arbitration and Others (LC) (unreported case no C1010/12, 21-6-2013) (Steenkamp J). By Moksha Naidoo The third respondent, Kalahari Country Club (Kalahari) […]

Read more

Employment law update – Independent contractors v employees

By Talita Laubscher and Monique Jefferson In Kambule v Commission for Conciliation, Mediation and Arbitration and Others [2013] 7 BLLR 682 (LC), the applicant referred an unfair dismissal dispute after […]

Read more

Employment law update – No transfer of authority to transfer employee

The Minister for Public Service and Administration and Another v Kaylor (LAC) (unreported case CA18/12, 11-6-2013) Davis JA (Tlaletsi ADJP and Coppin AJA concurring). By Moksha Naidoo The respondent employee […]

Read more