The Zondo Commission – Where to from here?

Image: Judge Raymond Zondo. (Photo: Netwerk24) The Zondo Commission – Where to from here? The question on everyone’s mind is - will there be a proper and expeditious follow-up to the evidence which has arisen and is still to arise about corruption and State capture before the Zondo Commission. It appears that the prevailing [...]

2019-07-09T14:53:26+01:00Jul 9th, 2019|

New Ruling may remove a Commissioner’s discretion to grant legal representation at CCMA

New Ruling may remove a Commissioner's discretion to grant legal representation at CCMA According to Rule 25 of the Rules for the Conduct of Proceedings before the CCMA, a legal representative is not permitted to represent a party at proceedings if the dispute concerns a dismissal which relates to misconduct or incapacity. In these [...]

2019-07-09T14:42:12+01:00Jul 9th, 2019|

Strike violence too easily tolerated and must be outlawed

Strike violence too easily tolerated and must be outlawed The recent strike at Sibanye once again highlighted the sorry state of SA’s industrial relations. The strike lasted about five months and, disappointingly, was marred by more than 100 acts of violence, some of them grievous in nature. The violence was perpetrated by people seeking [...]

2019-06-04T13:24:51+01:00Jun 4th, 2019|

Amendments to LRA create a new basis for strike interdicts

Amendments to LRA create a new basis for strike interdicts On 20 March 2019, the Labour Court handed down judgment in the cases of Mahle Behr SA (Pty) Ltd and NUMSA & Others (D448/19) and Foskor (Pty) Ltd v NUMSA & Others (D439/19). In those matters, the Labour Court interdicted NUMSA from engaging in [...]

2019-04-21T17:29:18+01:00Apr 21st, 2019|

Time to Bail Out? – Dismissal for “Operational Incapacity”

Time to Bail Out? – Dismissal for “Operational Incapacity” Employers are increasingly confronted with absenteeism owing to the arrest of employees. While in most instances the alleged criminal misconduct is unrelated to the business of the employer, it directly impacts both the operational requirements of the employer and the employment relationship. In Samancor Tubatse [...]

2019-04-11T07:44:07+01:00Apr 11th, 2019|

Obstruction through construction – A commuters nightmare

Obstruction through construction - A commuter's nightmare How many times have you sat in traffic with no end in sight, only to discover that the hold-up was caused by a property developer constructing a large building that had decided to make the public road its own? It is not uncommon for the average commuter [...]

2019-03-26T13:39:46+01:00Mar 26th, 2019|

Dead men tell no tales – but can they be reinstated?

Dead men tell no tales – but can they be reinstated? It is trite in employment law that reinstatement is the primary remedy for unfair dismissal under the Labour Relations Act 66 of 1995 as amended (“the LRA”). Normally reinstatement must be ordered unless any one of the exceptions set out in section 193(2) [...]

2019-03-14T07:48:00+01:00Mar 14th, 2019|

Staying at home during a strike? Remember to tell your employer

Staying at home during a strike? Remember to tell your employer It is well-known that strikes in South Africa are routinely marred by violence and intimidation. It often happens that due to the violence, or the threat of violence, employees stay at home during a strike, claiming that they are too afraid to attend [...]

2019-01-31T09:11:40+01:00Jan 31st, 2019|

The Right to Fair Labour Practices – Employers are not Without Remedies

The Right to Fair Labour Practices – Employers are not Without Remedies Employers often complain that our employment laws are skewed in favour of employees. In support of their contention, they often point to the fact that employees are able to behave unfairly - and even criminally – with little or no consequence. As [...]

2019-01-15T07:48:25+01:00Jan 14th, 2019|

Dismissing for insubordination – The LAC gives clarity

Dismissing for insubordination – The LAC gives clarity In TMT Services and Supplies (Pty) Ltd v CCMA and 2 Others [JA32/2017] the Labour Appeal Court recently had occasion to clarify the issue of when dismissal would be appropriate for acts of insubordination. In this case, TMT Services and Supplies (Pty) Ltd (“the employer”), dismissed [...]

2018-11-27T08:28:30+01:00Nov 27th, 2018|