Umicore Catalyst South Africa (Pty) Ltd v National Union of Metalworkers of South Africa and Others (PA3/23) [2024] ZALAC 37 (29 August 2024) Umicore, a manufacturer of catalytic converters, acquired Delphi (Pty) Ltd and operated from Delphi’s leased premises in Young Park and its own in Deal Party, Gqeberha. In 2015, Umicore decided not to […]

Solidarity obo Erasmus v Eskom Holdings SOC Ltd (C1001-18) [2024] ZALCCT 18 (24 May 2024) (1) (1) Applicable Legislation Constitution of the Republic of South Africa, 1996 (“Constitution”) Section 9 of the Constitution affords everyone the right to equality and provides that everyone is equal before the law and has the right to equal protection […]

Fraudulent medical certificates are no new phenomenon within the workplace. The Labour Appeal Court (“LAC”) recently addressed the issue of employees allegedly furnishing fraudulent medical certificates to their employers in the judgments of Sibanye Rustenburg Platinum Mine v Association of Mineworkers and Construction Union obo Sono and Others (JA32-2022) [2024] ZALAC 23 (2 May 2024) […]

The devastating building collapse which occurred in George, Western Cape on 6 May 2024 has become a topic of conversation on local and international news outlets, social media platforms, and households across the country. Although there were several questions raised about the cause of the incident, significantly more were raised about the hiring of foreign […]

THE WORKPLACE RIGHTS OF CANNABIS USERS CONFIRMED IN ENVER V BARLOWORLD EQUIPMENT SOUTH AFRICA, A DIVISION OF BARLOWORLD SOUTH AFRICA (PTY) LTD (JA86/22) [2024] ZALAC 12 (23 APRIL 2024). The Labour Appeal Court (“LAC”) in Enver v Barloworld Equipment South Africa, A Division of Barloworld South Africa (Pty) Ltd (JA86/22) [2024] ZALAC 12 (23 April […]

As you may be aware, with effect from 01 March 2024, the National Minimum Wage (“NMW”) was increased from R 25.42 to R 27.58 for each ordinary hour worked. This increase is applicable to farm workers and domestic workers, and where an employee, other than an employee employed on an expanded public works programme or a learnership programme […]

In the recent case of Brauns and Others v Wilkes N.O and Others (JA 47/22) [2024] ZALAC 1 (18 January 2024), the Labour Appeal Court (hereinafter referred to as the “LAC”) considered an appeal of a review application by three (3) employees of the South African Police Service (hereinafter referred to as the “SAPS”), who […]

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 […]

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, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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) […]

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 […]