Post type for labour law
Case: Motor Industries Staff Association and Another v Great South Autobody CC T/A Great South Panel Beaters (JA68/2021) Background: An employment contract was entered into on the 30th of January 2008 between the employer and employee. The employment contract expressly provided that the employers retirement age was 60 years old. Despite the employee having turned … Read more
Case discussed: NUMSA obo Aubrey Dhludhlu and 147 Others v Marley Pipe Systems (SA) (Pty) Ltd [2022] ZACC 30 On Monday, 22 August 2022, the Constitutional Court handed down judgment in an application for leave to appeal by NUMSA, the applicant in the matter. The Court heard an appeal from the Labour Court regarding the … Read more
Relevant Case: Transnet t/a Transnet Freight Rail v National Union of Metalworkers of SA on behalf of Manku & others (2021) 42 ILJ 1948 (LAC) Facts of the case: The first and second respondents were employees of the Appellant Transnet and were employed on one-year fixed-term contracts in East London. Transnet renewed the employees’ contracts … Read more
On 22 June 2022 COVID- 19 Regulations 16A, 16B and 16C were repealed. As such, regulations pertaining to the wearing of masks, limitations on gatherings and entry requirements for foreigners into South Africa were officially lifted. While these regulations may have been lifted, employees to the workplace may still be required to wear marks. In … Read more
The Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the Workplace The Minister of Employment and Labour published the “Code of Good Practice on the Prevention of Elimination of Harassment in the Workplace” (“Harassment code”), effective 18 March 2022. The objective of the Harassment code is to “eliminate … Read more
Moonlighting and the duty of good faith owed by the employee Moonlighting has become more common for those looking to earn additional income, but do employees need to disclose their side businesses to their employers, especially when a conflict of interest is possible? This was recently dealt with in the case of Bakenrug meat (PTY) … Read more
Does the fact that a dismissed employee obtained employment immediately after their dismissal preclude them from receiving full back pay as a consequence of a finding that their dismissal was unfair? This is the issue the Constitutional Court (CC) was required to decide in its judgment in Maroveke V Talane N.O. and Others 2021 (10) … Read more
Employment and Labour Minister, Thulas Nxesi (Minister), has announced that the National Minimum Wage Act (NMWA) has introduced a new National Minimum Wage (NMW). South African workers will see the implementation of the increased annual earnings threshold determined by the Minister, in the amount of R224,080.48. This represents an increase of R12,484.18 from the previous … Read more
In Woolworths (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others, the Labour Appeal Court considered the consequences that flow from an employee being too sick to attend work, but well enough to attend a rugby match, all while enjoying the benefit of paid sick leave. The facts: The case involved an employee … Read more
Does failure to comply with an instruction to testify in CCMA arbitration proceedings amount to insubordination and warrant dismissal? This is the question which the Labour Appeal Court (LAC) was required to decide in Kaefer Energy Projects (Pty) Ltd v CCMA and Others (LAC) (Case no: JA59/20), a judgment handed down on 26 October 2021. … Read more
In the matter of National Union of Metal Workers of South Africa (NUMSA) and Another v Passenger Rail Agency of South Africa (JS1071/18) [2021] ZALCJHB 312 (2 September 2021), the applicant was sexually harassed by two of her managers at Passenger Rail Agency of South Africa (PRASA). The Applicant’s case was that she had been … Read more
Case: Nyathikazi v Public Health & Social Development Sectoral Bargaining Council & Others (2021) 42 ILJ 1686 (LAC) In this matter, the appellant employee, prior to her dismissal, held the position of Senior General Manager: Academic and Tertiary Department with the third respondent; the Department of Health, Limpopo. In January 2015, she was dismissed after … Read more
In the matter of South African Commercial Catering and Allied Workers Union (SACCAWU) obo Member vs Southern Sun Hotel Interests (Pty) Ltd [2021], the Labour Court handed down a judgment concerning the institution of a lock-out by an employer against employees for their refusal to reach an agreement indemnifying the employer against its failure to … Read more
The Constitutional Court on 17 June 2021 handed down judgment in McGregor v Public Health and Social Development Sectoral Bargaining Council and Others (CCT 270/20) [2021] ZACC 14, in respect of a compensation order in relation to the misconduct of Dr McGregor regarding four cases of sexual harassment. Facts of the case: Following an internal … Read more
