The dynamics of the South African labour market has overwhelmingly changed in recent years. This has largely contributed to technological advancements, high rates of unemployment and an overall dissatisfaction with workplace cultures, to name a few. While gig work is no new phenomenon, more South Africans are opting out of standard and traditional forms of […]
16
Oct
Oct
Turner // Environ Skincare (Pty) Ltd (2023) CCMA Arbitration Award Often employers misdiagnose poor performance as misconduct. While both instances require a process to be followed before dismissing an employee, these processes are different in nature, and if misconstrued, it could result in the employee being subjected to an unfair process. In the aforementioned case, […]
17
Sep
Sep
Majambe // University of South Africa [2023] 7 BALR 770 (CCMA) The reason and manner in which fixed-term contracts are terminated is an issue that is frequently decided by our courts and other dispute resolution forums, this too is the case with indefinite employment contracts of course. Fixed-term contracts are employment contracts wherein the parties […]
21
Aug
Aug
Makuleni v Standard Bank of South Africa Ltd and Others (JA125-2021) [2023] ZALAC 4 A hostile work environment is defined in the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, 2022 (“CODE”) as a work environment where conduct related to a prohibited ground impacts the dignity of one or […]
24
Jul
Jul
Wheelwright // CP de Leeuw Johannesburg (Pty) Ltd [2023] 5 BLLR 393 (LAC) The Constitutional Court has determined that full and final settlement clauses, when concluded in the correct circumstances, are lawful and binding. While such full and final clauses may be useful, it must be kept in mind that these clauses must be drafted […]
26
Jun
Jun
Food and Allied Workers Union obo Julies // Unitrans Supply Chain Solutions (Pty) Ltd [2023] (NBCRFLI): Arbitration Award While everyone enjoys their time off from work, it is usually during this time off that individuals may overindulge. It is important to bear in mind that going to work, while under the influence of any alcohol […]
12
Jun
Jun
The Commission for Conciliation, Mediation and Arbitration (“the CCMA”) continues to do admirable work within the employment landscape. However, COVID, significant budget cuts and increasing demands on a dispute resolution body that is required to service thousands of employers and employees annually have taken a toll on its ability to operate as effectively and efficiently […]
06
Jun
Jun
We have received a few queries about B-BBEE compliance and are looking at expanding our service offering. Director of Justine Del Monte & Associates Inc., Justine has joined forces with Sigi Prinsloo, who will be the firm’s go-to for B-BBEE compliance processes. Sigi Prinsloo studied law (BComm LLB) at Stellenbosch University, and Bucerius Law School […]
20
May
May
Trade unions also referred to as ‘organised labour’ or ‘bargaining agents’ play a fundamental role in the South African economy and society at large. In addition, they have substantially influenced the landscape of employment law in South Africa. This is evident in the inclusion of workers’ rights in section 23 (2) of the Constitution of […]
17
May
May
Dear Clients, We are sure that by now you have heard about the passing of the Employment Equity Amendment Act 4 of 2022 (“Act”) as well as the Draft Employment Equity Regulations 2023 (“Regulations”) which lay open for public comment. If you have not, do not fear, we will briefly unpack the Act and Regulations […]
20
Apr
Apr
Load shedding has had a tremendously negative impact, on many South Africans, particularly on the business and economic sectors. It has become somewhat clear that load shedding is here to stay for the foreseeable future. If so, what does this mean for businesses that are unable to operate and the resultant staff wages for these […]
20
Mar
Mar
NUMSA obo Nhlabathi and 1 Other v PFG Building Glass PTY Ltd JR 1826 -2020 2022 ZALCJHB 292 This case concerns an employer’s zero-tolerance policy on drugs and alcohol which resulted in the dismissal of employees who tested positive for cannabis while on duty. The Applicants were employed by the Respondent (PFG Building Glass (Pty) […]
18
Feb
Feb
This contentious issue was the focus of an appeal before the Labour Appeal Court (“LAC”) in the case of Motor Industry Staff Association and Another v Great South Autobody CC t/a Great South Panel Beaters (JA68/2021) [2022] ZALAC 103. The second Appellant, Mr. Landman, appealed the decision of the Labour Court (“LC”) which dismissed his […]
Seethal / SGMH Cartridge Supplies (Pty) Ltd [2022] 9 BALR 955 (CCMA) As set out in our first Friday question for the month of November, everyone is entitled to fair labour practices. I reiterate that while section 186(2) of the Labour Relations Act 66 of 1995 (LRA) defines an unfair labour practice, the Constitutional Court […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
