Employment Law

Employment law update – Employer seeking order of specific performance

Johnson Matthey (Pty) Ltd v Numsa and Others (LC) (unreported case no J515/2011, 24-4-12) (Gush J) By Moksha Naidoo In terms of an arbitration award, the applicant employer, Johnson, was […]

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Employment law update – Rescission

By Talita Laubscher In Builders Trade Depot v CCMA and Others [2012] 4 BLLR 343 (LC) the fourth respondent employee, Naidoo, was dismissed on 1 December 2009 for drinking on […]

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Employment law update – Private arbitration v collective agreement dispute resolution path

The National Bargaining Council for the Road Freight Industry and Another v Carlbank Mining Contracts (Pty) Ltd and Another (LAC) (unreported case no JA52/10, 20-3-2012) (Murphy AJA) By Moksha Naidoo […]

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Employment law update – Discrimination claims

By Talita Laubscher The applicant in Masango v Liberty Group Ltd [2012] 3 BLLR 303 (LC) resigned after she had accused a regional manager of sexually harassing her. She referred […]

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Employment law update – Unprotected strike – third party’s right to apply for an interdict

South African Post Office Ltd v Tas Appointment and Management Services CC and Others (LC) (unreported case no J112/12, 13-2-2012) (Lagrange J) By Moksha Naidoo The issue for decision in […]

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Employment law update – Retrenchment

By Talita Laubscher The applicant in Naidoo v MB Technologies (Pty) Ltd and Others [2012] 2 BLLR 191 (LC) contended that she was unfairly discriminated against on the basis of […]

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Employment law update – Right to an increase?

By Talita Laubscher The applicant in Farhana v Open Learning Systems Education Trust [2012] 1 BLLR 48 (LC) instituted two claims in the Labour Court. The first related to an […]

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Employment law update – A second bite at the proverbial cherry

Gauteng Shared Services Centre v Titus Sello Ditsamai (LAC) (unreported case no JA44/09, 7-12-2011) (Davis JA) By Moksha Naidoo In the case of MEC, Department of Education, KwaZulu-Natal v Khumalo […]

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Employment law update – Appeals against exception rulings

By Talita Laubscher The applicant in Charlton v Parliament of the RSA [2011] 12 BLLR 1143 (SCA) was employed as the chief financial officer of parliament, which position he held […]

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Employment law update – Interpreting a ‘reasonable expectation’

University of Pretoria v CCMA and Others (LAC) (unreported case no JA38/2010, 4-11-11) (Davis JA) By Moksha Naidoo Section 186(1)(b) of the Labour Relations Act 66 of 1995 has given […]

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