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Searching Content indexed under Employment Litigation/ Tribunals by ENSafrica ordered by Published Date Descending.
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1
Large-Scale Retrenchments: Compensation As A Remedy For Procedural Unfairness
The general requirements for a fair dismissal based on an employer's operational requirements are found in section 189 of the South African Labour Relations Act, 1995 ("LRA"). However, section 189A provides for specific procedures and remedies, should an employer embark on a large-scale retrenchment.
South Africa
13 Jun 2019
2
Non-Employers May Approach The Labour Court For Interdictory Relief Against Unregistered Trade Unions
In the recent matter of Vodacom & others v the National Association of South African Workers and 1 other, which was handed down on 4 March 2019.
South Africa
15 Mar 2019
3
The Doctrine Of Common Purpose In Strikes
An unfortunate by-product of strike action in South Africa is the common occurrence of unlawful and sometimes violent conduct on the part of certain members ...
South Africa
18 Feb 2019
4
A Union's Duty To Consult: The Labour Court's Disapproval Of Delaying Tactics And Obstructive Behaviour
Putco's case was that it had sought to consult comprehensively on all topics, but the unions had consistently obstructed proper consultation.
South Africa
24 Aug 2018
5
The New School Approach To Old School Labour Court Cost Orders
In litigation outside the confines of the Labour Court, the general principle is that costs follow the result.
South Africa
 
2 Aug 2018
6
South Africa's Unforgotten And Relevant Past (Mind Your Language)
In the decision in Rustenburg Platinum Mine and SAEWA obo Meyer Bester and Others, the Constitutional Court dealt with the question of whether an employee referring to a colleague as a "swart man" ...
South Africa
20 Jun 2018
7
When Can A Difference In Pay Be Justified?
The decision in National Education Health & Allied Workers Union on behalf of Sinxo & others and Agricultural Research Council is important primarily for two reasons.
South Africa
12 Apr 2018
8
Does Resigning With Immediate Effect Put A Stop To Disciplinary Proceedings?
The past year has seen a number of high-profile instances of employees resigning, allegedly to avoid disciplinary proceedings against them. This issue was dealt with in the case of Mtati v KPMG Services (Pty) Limited.
South Africa
13 Dec 2017
9
With Child, Without Pay
The employee was (and still is) employed by the company as an electrician in the gold refining plant.
South Africa
24 Nov 2017
10
Can An Employer Make Deductions From Remuneration For Work Not Done?
When this grievance could not be resolved internally, they approached the Labour Court.
South Africa
22 Nov 2017
11
Legitimate Business Objective Trumps Deemed Employment
The matter before the CCMA involved Shoprite, one of the largest food retailers in Africa.
South Africa
18 May 2017
12
A Costly Mistake For Failing To Protect An Employee Against Sexual Harassment
The LAC judgment in Liberty Group Limited v MM is a reminder to employers to be vigilant when dealing with allegations of sexual harassment in the workplace and to ensure that managers...
South Africa
10 May 2017
13
Important Constitutional Court Judgment On The Extension Of Collective Agreements To Members Of Minority Unions
The Chamber successfully interdicted the strike on the basis that AMCU was bound by the collective agreement.
South Africa
10 Mar 2017
14
Arbitration Awards Issued In Terms Of The Labour Relations Act Do Not Prescribe
On 15 December 2016, the South African Constitutional Court handed down a landmark judgment in Myathaza v Johannesburg Metropolitan Bus Services (SOC) Limited t/a Metrobus and Others, . . .
South Africa
31 Jan 2017
15
Unlawfully Obtained Writs Of Execution – A Lesson For Sheriffs And Court Officials
If sheriffs act unreasonably and hastily when executing a writ of execution, they may face adverse costs orders.
South Africa
27 Oct 2016
16
SABC Judgment Raises Important Employment Law Issues
This aside, the journalists did not rely on the unfair dismissal procedures in the LRA, but on breach of contract.
South Africa
9 Aug 2016
17
Witchcraft At Work – Recent Case Confirms Using Muti To Intimidate A Colleague Is A Dismissible Offence
Using muti or traditional preparations to intimidate, scare or threaten a colleague constitutes misconduct and employers have the right to "remove such purveyors of darkness from their environment".
South Africa
29 Jun 2016
18
Can A Retrenchment Process Start Before A Business Rescue Plan Has Been Approved?
In a recent case, the Labour Court needed to consider the interplay between section 136 of the Companies Act, 2008 and section 189 of the Labour Relations Act, 1995 ("the LRA").
South Africa
11 May 2016
19
Selection Criteria For Retrenchment: The Fair And Objective Requirement
If this is the case, may an employer instead use selection criteria that contain an element of potential subjectivity?
South Africa
27 Apr 2016
20
Mutual Separation Agreements: Caveat Subscriptor
In many cases, and for various reasons, an employer and employee will choose to conclude a mutual separation agreement, bringing to an end an employment relationship by way of mutual consent, rather than unilateral termination.
South Africa
26 Apr 2016
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