Employment Law

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 […]

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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 […]

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Employment law update – Affirmative action

By Talita Laubscher and Monique Jefferson In Naidoo v Minister of Safety and Security and Another [2013] 5 BLLR 490 (LC), the respondent had an employment equity plan (the plan) […]

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Employment law update – Settlement agreements

Greef v Consol Glass (Pty) Ltd CA (LAC) (unreported case no 02/12, 21-5-2013) Coppin AJA (Waglay JP and Tlaletsi JA concurring). By Moksha Naidoo Can an employee who is dismissed […]

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Employment law update – Non-disclosure of previous dismissal

By Talita Laubscher and Monique Jefferson In Eskom Holdings Ltd v Fipaza and Others [2013] 4 BLLR 327 (LAC) the Labour Appeal Court considered whether it was fair for Eskom […]

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Employment law update – Agreements in full and final settlement

By Talita Laubscher and Monique Jefferson In Ferguson v Basil Read (Pty) Ltd [2013] 3 BLLR 274 (LC) the applicant, Ferguson, was faced with potential retrenchment and, as an alternative […]

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Employment law update – Union’s liability to members for negligence

Food and Allied Workers Union v Ngcobo NO and Another (SCA) (unreported case no 353/12, 28-3-2013) (Ponnan JA and Plasket AJA) By Moksha Naidoo This was an appeal from a […]

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Employment law update – Retrenchments

By Talita Laubscher and Monique Jefferson The employment of the two respondent employees in Super Group Supply Chain Partners v Dlamini and Another [2013] 3 BLLR 255 (LAC) was terminated […]

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Employment law update – Benefit to employees

Apollo Tyres South Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (LAC) (unreported case no DA1/11, 21-2-2013) (Musi AJA) By Moksha Naidoo  Can an employee who […]

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Employment law update – Polygraphs

By Talita Laubscher and Monique Jefferson The applicant in DHL Supply Chain SA (Pty) Ltd v De Beer NO and Others [2013] 1 BLLR 20 (LC) was involved in the […]

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