Labour law

Supremacy of a trade union’s constitution in establishing legal standing

AFGRI Animal Feeds (A Division of PhilAfrica Foods (Pty) Ltd) v National Union of Metalworkers of SA and Others(2024) 45 ILJ 1937 (CC) On 21 June 2024, the Constitutional Court […]

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Fraud unravels all – or does it?

Investec Bank Limited v Singh and Another [2024] 4 All SA 150 (GP) The maxim of Denning LJ in Lazarus Estates Ltd v Beasley [1956] 1 ALL ER 341 at […]

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The jurisdiction of the Labour Court regarding disputes about procedural fairness in large-scale retrenchments

Regenesys Management (Pty) Ltd t/a Regenesys v Ilunga and Others and a related cross-appeal[2024] 8 BLLR 777 (CC) For a time, the jurisprudence of a number of the superior courts, […]

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Too high to work? Cannabis in the workplace

Enever v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd [2024] 6 BLLR 562 (LAC) Miss Bernadette Enever (the employee) commenced her employment at Barloworld Equipment […]

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The legal position of a cannabis-user employee in a strictly no use company

Minister of Justice and Constitutional Development and Others v Prince and Others 2018 (6) SA 393 (CC) It is public knowledge that South Africa is one of the countries that […]

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Employment law update – May 2024 – Section 197 transfer

In Katiso Transport and Logistics CC and Another v Eagle Liner Transport (Pty) Ltd and Others [2024] 3 BLLR 255 (LAC) the Labour Appeal Court (LAC) had to determine whether […]

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Extending the right of social insurance to migrant domestic workers in South Africa

‘Social insurance provides financial assistance for persons who have become unemployed as a result of illness, maternity, dismissal, retrenchment, occupational injury, occupational diseases and for survivors in the event of […]

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A commissioner has power to dismiss a matter when a referring party fails to appear

Mohube v Commission for Conciliation, Mediation and Arbitration and Others (LC) (unreported case no JA18/2022, 18-5-2023) (Coppin JA) Mr Mohube (the employee) worked as a company secretary of the Passenger […]

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Calibrations and concentrations: Misconceptions of breath alcohol testing in the workplace

Alcohol is a socially acceptable substance with well-known sensory, motor, and intellectual impairment abilities. Blood and breath alcohol concentrations are carefully regulated throughout South Africa (SA), in the public domain, […]

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You lied on your resume and got the job – what now?

Umgeni Water v Naidoo and Another [2023] 1 All SA 857 (KZP) By Phumzile Penelope Ziqubu Many job requirements require a specific qualification to ensure that candidates meet the profession’s […]

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