Posts tagged as Commission for Conciliation

Employment law update – Unfair discrimination for failure to appoint an employee to a position

x Bookmark In Ethekweni Municipality v Nadesan and Others [2021] 6 BLLR 598 (LC) the Labour Court (LC) had to determine whether an Indian male employee was unfairly discriminated against […]

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Employment law update – Dismissed for violating COVID-19 protocols 

x Bookmark Eskort Ltd v Mogotsi and Others (LC) (unreported case no JR1644/20, 28-3-2021) (Tlhotlhalemaje J) In a response to the COVID-19 pandemic, the applicant employer, operating as a butchery, […]

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Employment law update – Suspension without pay

x Bookmark In American Products Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others [2021] 1 BLLR 64 (LC), the employee was employed by American Products Services […]

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Employment law update – Polygraph test and circumstantial evidence

x Bookmark Goldplat Recovery Pty Ltd v CCMA and Others (LC) (unreported case no JR488/2019, 3-2-2021) (Tlhotlhalemaje J). In September 2018 an employee of the applicant was found with 1,5 […]

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Employment law update – Can an employer be held liable for discrimination perpetrated by a customer?

x Bookmark In Samka v Shoprite Checkers (Pty) Ltd and Others [2020] 9 BLLR 916 (LAC), the employee was employed by Shoprite Checkers (the employer) as a cashier. During the […]

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Jurisdiction of the CCMA to adjudicate disputes between DIRCO and locally recruited personnel employed at South African diplomatic and consular missions abroad

x Bookmark At South Africa’s (SA) more than 120 diplomatic and consular missions (missions) abroad, the Department of International Relations and Cooperation (DIRCO) employs both career diplomats and locally recruited […]

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Employment law update – Dismissed for lodging an internal grievance – can an employee claim an automatically unfair dismissal?

x Bookmark DBT Technologies (Pty) Ltd v Garnevsha (LAC) (unreported case no JA61/2018, 18-5-2020) (Murphy AJA with Sutherland JA and Waglay JP concurring) In terms of s 187(1)(d) of the […]

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What happens to a permanent replacement employee when the dismissed employee wins their case of unfair dismissal against the employer?

x Bookmark It is not unusual when an employee has been dismissed and the employee is still challenging such a dismissal through the relevant fora that the employer then fills […]

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