Legal updates and opinions
Search Author
New labour judgement confirms that the CCMA has teeth
CCMA and MBS TRANSPORT CC and Five Others [J1807/2015] / [JA94/2015] Since the introduction of the Labour Relations Act, 66 of 1995, (“LRA”) the playing field [...]
The accountability of a group of strikers for misconduct during a strike
Dunlop Mixing and Technical Services (Pty) Ltd and Others v National Union of Metalworkers of South Africa (NUMSA) obo Nganezi and Others [2016] ZALCD 9 (11 May [...]
Is the alleged transfer of an insolvent business indeed a transfer as a going concern
Mokhele & Others v Schmidt & Others (JS 564/11) 19 May 2016 ISSUE Whether the alleged transfer of an insolvent business was indeed a transfer [...]
Can a strike be rendered unlawful as a result of unlawful acts including acts of violence?
National Union of Food Beverage Wine Spirits and Allied Workers (NUFBWSAW) and others v Universal Product Network (Pty) Ltd In re Universal Product Network (Pty) Ltd [...]
Is a collective agreement valid and binding, despite a dispute as to the authority of those purporting to conclude the agreement?
South African Airways (Soc) Ltd & another v National Transport Movement & others (Case no: J1872/2015, 12 May 2016) ISSUE(S) Whether a collective agreement [...]
The meaning of the term ‘pay back’ in a settlement agreement
Genrec Engineering (Pty) Ltd v Metal and Engineering Industries Bargaining Council and Others [2016] ZALCJHB 213 (17 June 2016) ISSUE What does the term ‘back [...]
Strike action in circumstances where there has been a long delay between the issuing of a certificate of outcome and the subsequent election to embark on a strike
PRASA t/a Metrorail v SATAWU and Others (C190/2016) ISSUE Whether a strike is protected in circumstances where there has been an unreasonably long delay between [...]
Is length of service reason to pay different salaries to employees performing the same functions?
Pioneer Foods (Pty) Ltd v Workers Against Regression (WAR) & others ISSUE Whether length of service is a justifiable reason for paying employees performing [...]
Is a trade union entitled to organisational rights in terms of the LRA after acquiring majority representation at a single branch?
Professional Transport and Allied Workers Union obo members / Professional Aviation Services [2016] 4 BALR 421 ISSUE Whether a trade union is entitled to organisational [...]
The employer’s responsibility during the transfer of an employee
Senne and others v Fleet Africa [2016] ZALCJHB 48 ISSUE One of the automatic consequences of a transfer in terms of section 197 of the [...]
Contracts of temporary employment services employees
National Union of Metalworkers of South Africa obo Nkala and others v Durpo Workforce Solutions [2016] 3 BALR 229 (MEIBC) ISSUE Whether the contracts of employment [...]
Remuneration of employees in different provinces
Duma v Minister of Correctional Services & others ISSUE Whether the failure to pay an employee in one province the same remuneration as employees [...]
Non-striking employees not to be locked out: limitations of the employer’s right to lock out
Transport and Allied Workers Union of South Africa v PUTCO Limited [2016] ZACC On 8 March 2016, in the case of Transport and Allied Workers Union [...]
The termination of service level agreements: the application of Section 197 of the LRA
Enviroserv Waste Management v Interwaste (Pty) t/a Interwaste Environmental Solutions and Others (P408/15) [2015] ZALCPE 66 Issue Whether the expiry of a limited duration contract with [...]
Can an employer unilaterally impose short time on employees in circumstances of financial distress?
Independent Commercial Hospitality and Allied Workers Union and others v Commission for Conciliation, Mediation and Arbitration and others (2015) 24 LC 8.18.1 Unilaterally implement short time [...]
Employment Services Act
The Employment Services Act No. 4 of 2014 (“the Act“) comes into operation as from 9 August 2015. The purpose of the Act is, inter alia, to‑ provide for [...]
The meaning of a hearing DE NOVO in arbitration proceedings
Section 138 of the Labour Relations Act 66 of 1995 accords the commissioner’s discretion to determine the matter and form of the proceedings in an unfair [...]
The provision of transport for employees working overtime beyond 18h00
Summary The performance of night work is regulated to, among others, avoid or minimise an employee’s health risks, including the safety of workers during their commute [...]
Consequences of late/non-filing of employment equity reports
In terms of the EEA, designated employers are obliged to submit an Employment Equity Report (“EER”) to the Director-General of the Department of Labour once every [...]
May an employer take on the right to alter a chairperson’s decision in a disciplinary hearing?
May an employer overturn the decision of a chairperson of a disciplinary hearing if it believes the chairperson’s sanction was too lenient? Summary An employer may [...]
Admission of video recordings as evidence in arbitration proceedings
In terms of section 138(1) of the Labour Relations Act 66 of 1995 (as amended) (“the LRA”) a “commissioner may conduct the arbitration in a manner that the [...]
Life after Sidumo: clarifying the review test
Sidumo v Rustenburg Platinum Mines Ltd & Others [2007] 12 BLLR 1097 (CC) is a landmark case in South African labour law, which among other things, established the [...]
The Labour Relations Amendment Act 6 of 2014 – TES
The Labour Relations Amendment Act 6 of 2014 – TES Dec 18,2014 On 18 August 2014, the President of the Republic of South Africa assented to [...]
Dismissal for misrepresentation when applying for a position
Falsely misrepresented credentials during the job application process An employee may be found guilty of misconduct if an employer can prove that the employee falsely misrepresented [...]
Alcohol abuse in the workplace
Employers are often beset with the challenges of addressing issues of alcohol abuse in the workplace. Challenges of addressing issues of alcohol abuse in the workplace [...]
