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 […]
As the COVID-19 pandemic lifts, normality slowly returns to SA inclusive of employees returning to the office. While some employees enjoyed remote working but want to return to the office, others have become accustomed to either solely remote working or a hybrid thereof, i.e. working from home and the office. While these working premises changes […]
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 […]
