Employment Law

CCMA conciliation a pre-requisite for adjudication in the Labour Court

Pillay v Automa Multi Styrene (Pty) Ltd (LC) (unreported case number JS 1658/14, 9-6-2015) (Mosime AJ) By Warren Sundström Having been dismissed from his workplace the applicant referred an unfair […]

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Dismissals for operational requirements

Talita Laubscher BIur LLB (UFS) LLM (Emory University USA) is an attorney at Bowman Gilfillan in Johannesburg.

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Employment law update

Moksha Naidoo BA (Wits) LLB (UKZN) is an advocate at the Johannesburg Bar. Male surrogate parent successfully claims maternity leave MIA v State Information Technology Agency (Pty) Ltd (LC) (unreported […]

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Employment law update – Termination in breach of a statutory provision – a dismissal or nullity?

Edcon v Steenkamp and Others (LAC) (unreported case no JS648/13, JS51/14, JS350/14, 3-3-2015) (Murphy AJA with Tlaletsi DJP and Musi JA concurring). By Moksha Naidoo Section 189A of the Labour […]

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Employment law update – Mutual termination agreements

By Talita Laubscher and Monique Jefferson The applicants in Schroeder and Another v Pharmacare Ltd t/a Aspen Pharmacare [2015] 2 BLLR 168 (LC) each signed a ‘mutual termination settlement agreement’ […]

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Employment law update – The Commission and not the Commissioner can confer jurisdiction on the CCMA in terms of s 147

Qibe v Joy Global Africa (Pty) Ltd and Others (LAC) (unreported case no JA119/13, 15-1-2015) (Setiloane AJA) By Moksha Naidoo This appeal turned on the question of whether a Commission […]

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Employment law update – Re-employment on different terms and conditions

By Talita Laubscher and Monique Jefferson In Kukard v GKD Delkor (Pty) Ltd [2015] 1 BLLR 63 (LAC), Mr Kukard was initially employed on an indefinite basis as a technical […]

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Employment law update – Joinder v Jurisdiction

National Union of Metalworkers of South Africa v Intervalve (Pty) Ltd and Others (CC) (unreported case no CCT 72/14, 12-12-2014) (Cameron J) By Moksha Naidoo Can an employee who alleges […]

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Employment law update – Must discipline be consistently applied?

By Talita Laubscher and Monique Jefferson While there is a general rule that discipline must be consistently applied, the Labour Appeal Court (per Waglay JP, Ndlovu JA and Coppin AJA) […]

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Employment law update – Q&A

By Moksha Naidoo Question: My employer was aware of my criminal record for many years but did nothing and let me continue to work as a law enforcement officer. My […]

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