Employment law

Employment law update – What remedies are available to TES employees to enforce similar treatment?

In Bata SA (Pty) Ltd and Another v Southern African Clothing and Textile Workers’ Union obo Members and Others [2024] 8 BLLR 866 (LAC), Scribante Labour Consultants (Scribante) operated as […]

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Employment Law Update – Unfair discrimination in recruitment process

In Landman v Minister of Agriculture, Forestry and Fisheries and Another [2024] 7 BLLR 746 (LC) a white male candidate, Mr Landman, alleged that he was unfairly discriminated against on […]

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Listed or arbitrary harassment: Determining the nature of workplace harassment

With the advent of constitutional democracy, the South African legal system conforms to the Constitution. Section 2 thereof is important. In terms of s 1(c) the country is founded on […]

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Employment Law Update – The feasibility of ‘bumping’

In SACTWU obo Members v Fyvie G N.O and Others (LC) (unreported case no D258/2020, 5-5-2024) (Norton AJ), the respondent, a father and son, managed two farming operations in KwaZulu-Natal, […]

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Employment Law Update – Is workplace drug testing subject to a blanket ban? Unpacking Enever v Barloworld Equipment

On the 23 April 2024, the Labour Appeal Court (LAC) in Enever v Barloworld Equipment South Africa, a division of Barloworld South Africa (Pty) Ltd [2024] 6 BLLR 562 (LAC) […]

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Employment Law Update – Reinstatement remedies

In Jacobs v Commission for Conciliation, Mediation and Arbitration and Others [2024] 5 BLLR 517 (LC) the Commission for Conciliation, Mediation and Arbitration (CCMA) found a dismissal substantively unfair but […]

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Should menopause be considered as disability in terms of the Employment Equity Act?

The South African democracy is one that is based on the values of freedom, equality, and dignity. As such, s 9 of the Constitution states that everyone has the right […]

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Modernisation of land records in South Africa – a look at the Deeds Registries Amendment Bill

Since its enactment, the Deeds Registries Act 47 of 1937 has been amended numerous times through various amendment Acts that have been passed over the years. The most significant amendment […]

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Employment law update – Is awarding reinstatement discretionary?

In Pinn v CCI Call Centre (Pty) Ltd and Others [2024] 4 BLLR 422 (LC), the employee referred an unfair dismissal dispute against CCI Call Centre (the company). After having […]

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Ask permission for additional employment and resist the temptation of the moon light

Vilakazi v Commission for Conciliation, Mediation and Arbitration and Others (2024) 45 ILJ 369 (LC) Recently, the Acting Miss Vilakazi (the employee) commenced her employment at the University of the […]

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