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 […]

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 […]

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 […]

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 […]