Category Archives: Resource

THE COMMON PURPOSE DOCTRINE NUMSA obo Aubrey Dhludhlu & 147 others // Marley Pipe Systems (SA)(Pty) Limited [2022] ZACC 30

The Doctrine of Common Purpose is derived from criminal law principles. In essence, the Doctrine “ … imputes liability for an act of the perpetrator of a criminal act to those who associate themselves with the act before or during its commission.”.  As the implications of such imputed liability may seriously affect another individual’s rights, […]

Company Policies on Employees Accepting Gifts

Many employers implement restrictions on the acceptance of any gifts or favours from third parties such as clients or suppliers. It is not uncommon for these restrictions to be contained in disciplinary codes which prescribe general workplace conduct. Depending on the sector and nature of the work, the enforcement of these rules may vary and […]

COULD A POLICY, APPLICABLE TO ALL EMPLOYEES, AMOUNT TO DISCRIMINATION?

Bernadette Enever // Barloworld Equipment, a division of Barloworld South Africa (Pty) Ltd [2022] (LC) On whom does the onus rest and what are the requirements necessary to prove that unfair discrimination took place in the workplace? This query was addressed in the aforementioned case. The Applicant was employed during April 2007 and dismissed on […]

DOES WITHDRAWAL OF A RESIGNATION NEED TO BE APPROVED BY AN EMPLOYER?

Monareng Jeffery Mohlwaadibona // Dr JS Moroka Municipality [2022] LC While resignation is an employee’s unilateral act, the withdrawal thereof is not. Resignation withdrawals must (i) be within the currency of the notice period and (ii) accepted by an employer before it may be considered valid and enforceable. In the abovementioned case, the Labour Court […]

comparative piece: the effect of workplace vaccination policies on employment

Since the arrival of Covid-19 employers have shifted towards implementing mandatory vaccination policies in their respective workplaces. This is primarily due to their operational requirements and obligations in terms of the Occupational Health and Safety Act 85 of 1993. Workplace vaccination policies, whether mandatory or otherwise, have been the focus in various disputes before the […]

Derivative Misconduct and the Duty of Good Faith: When can an Employee be Dismissed for Derivative Misconduct?

What is derivative misconduct and when does it occur? An employer must have a fair reason for dismissal in order to satisfy the element of substantive fairness. Misconduct is one such reason. Derivative misconduct refers to cases where an employee has knowledge of misconduct by other employees/ co-workers and opts not to disclose it to […]

An employee’s duty of good faith towards their employer when running “side-hustles”

Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat // CCMA & 2 Others [2021] (LAC) In this day and age it is not uncommon for individuals to have full time employment and side-hustles. These side-hustles are often with a view to making extra money to substitute their permanent employment income. While this may not normally be […]

May an employee refuse its employer’s instruction to give evidence at arbitration to which the employer is an interested party?

Kaefer Energy Projects (Pty) Ltd // CCMA & 2 Others [2021] (LAC) Can an employer instruct an employee to give evidence at arbitration on its behalf? Is it misconduct if the employee refuses to do so? This topic was dealt with in the abovementioned case.  Background: Ms. Lifa Sukazi was employed with Kaefer as an […]

Tech Giant Huawei to Tread Lightly after Employment Equity and Immigration Violations

The Chinese ICT superpower, Huawei has found itself in quite the predicament with the Department of Employment and Labour (the Department) for not employing enough South African employees at their South African division.  In a statement issued by the Department on 11 February 2022, the Department confirmed that court action had been taken against Huawei […]