Labour law

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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The state of the Labour Court and the need for interventions to improve its performance

With 1 May being workers’ day, it is important to assess the health of the Labour Court (LC), an institution that sits at the nerve centre of South Africa’s labour […]

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Employment law update – The LC jurisdiction in terms of s 77(3) of the BCEA

South African Municipal Workers obo Morwe v Tswaing Local Municipality and Others (LAC) (unreported case no JA12/21, 27-9-2022) (Sutherland JA with Waglay JP and Kathree-Setiloane AJA concurring) The appellant union, […]

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Employment law update – Deductions from remuneration

In National Education, Health and Allied Workers’ Union obo Mamogale and Others v North West Department of Community Safety and Transport Management and Another [2022] 11 BLLR 1041 (LC) the […]

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Employment law update – Reinstatement

In Mthethwa v Commission for Conciliation, Mediation and Arbitration and Others [2022] 9 BLLR 814 (LAC) the employee had been dismissed following altercations that she had with two employees. In […]

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Employment law update – Doctrine of common purpose

NUMSA obo Dhludhlu and Others v Marley Pipe System (SA) (Pty) Ltd (CC) (unreported case CCT233/21, 22-8-2022) (Madlanga J (Kollapen J, Majiedt J, Mathopo J, Mhlantla J, Mlambo AJ, Theron […]

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Labour Court finds serious irregularities as presiding officer fails to apply her mind to the evidence before her

Department of Health, Western Cape v Twalo and Another [2022] 8 BLLR 741 (LC) In the case of Twalo, the Department of Health in the Western Cape (applicant) brought an […]

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