Posts tagged as Labour Court

Employment law update – Resigning after disciplinary inquiry but before sanction handed down and Labour Court’s jurisdiction to hear a claim for unlawful dismissal

x Bookmark Mthimkhulu v Standard Bank of SA (LC) (unreported case no J928/20, 18-9-2020) (Moshoana J) Pursuant to the applicant employee being found guilty of certain acts of misconduct, described […]

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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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Employment law update – Employee alleges being dismissed on account of his depression

x Bookmark Legal Aid South Africa v Jansen (LAC) (unreported case no CA3/2019, 21-7-2020) (Murphy AJA with Waglay JP and Phatshoane ADJP concurring) The respondent employee commenced his employ with […]

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Employment law update – Substance over form

x Bookmark Pelindaba Workers Union v SA Nuclear Energy Corporation and Others (LAC) (unreported case no JA73/2018, 25-6-2020) (Sutherland JA with Davis JA and Savage AJA concurring) At the centre […]

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Employment law update – Dismissal for incompatibility

x Bookmark In Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Van Dyk [2020] 6 BLLR 549 (LAC), the Labour Appeal Court (LAC) considered whether the employee’s dismissal for […]

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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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Employment law update – Ostensible authority: Implementation of ‘revised’ salary increases

x Bookmark In Eskom Holdings SOC Ltd v National Union of Mineworkers and Others [2020] 5 BLLR 514 (LAC), Eskom unilaterally decided to award ad hoc salary increases to a […]

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