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+00:00November 27th, 2018|

Implications of the constitutional court judgment decriminalising the recreational use of cannabis

Implications of the constitutional court judgment decriminalising the recreational use of cannabis Introduction On 18 September 2018 the Constitutional Court in Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening) (CCT108/17) [2018] ZACC 30 (18 September 2018) handed down a unanimous judgment in favour of the private cultivation and/or [...]

2018-10-18T10:51:27+00:00October 18th, 2018|

Unfair Discrimination – What is the Burden of Proof?

Unfair Discrimination – What is the Burden of Proof? Introduction In the recent reportable case of Sasol Chemical Operations (Pty) Ltd v CCMA and others (29 August 2018) ZALCJHB 2680/16 the Labour Court evaluated the evidentiary burden placed on employees who contend that they have been subjected to unfair discrimination during their employment. The [...]

2018-09-20T11:17:45+00:00September 20th, 2018|

Employers must ponder the implications of the judgment on labour brokers

Image by Daily Maverick Employers must ponder the implications of the judgment on labour brokers There are various interpretations of the Constitutional Court’s judgment in this case, so employers need to get the facts right On 26 July 2018 the Constitutional Court in Assign Services (Pty) Limited v National Union of Metalworkers of [...]

2018-08-27T20:05:53+00:00August 25th, 2018|

Resolution of Class Action Equal Pay Disputes

Resolution of Class Action Equal Pay Disputes Introduction The insertion of the equal pay provisions into the Employment Equity Act in 2014 and the subsequent amendment of the Labour Relations Act in 2015 in respect of equal pay for labour broker employees, part-time employees and fixed-term employees have resulted in a litany of disputes [...]

2018-07-30T08:59:54+00:00July 26th, 2018|

Work permits, foreign employees and legal incapacity

Work permits, foreign employees and legal incapacity The law is clear that an employer may not employ a foreigner without a valid work visa. Section 38 of the Immigration Act 13 of 2002, as amended (“the Immigration Act”) precludes the employment of foreigners who do not have a valid work permit, whilst section 49(3) [...]

2018-07-26T12:12:40+00:00July 26th, 2018|

What do the Courts say about reinstatement of violent strikers?

What do the Courts say about the reinstatement of violent strikers? Strike violence amounts to the abuse of the right to strike and is the antitheses of constitutional values. Much has been written about strike violence and the Courts have recognised it as being a ‘scourge’ and made it plain that we should not [...]

2018-10-16T20:20:33+00:00May 15th, 2018|

Are you prepared to lie to get a job?

Are you prepared to lie to get a job? It is well established that an employer must be able to place trust in its employees. Since trust is the centrepiece of the employer-employee relationship, it follows that any misconduct which jeopardises this trust relationship may result in the employee’s dismissal. Many employers will attest [...]

2018-07-04T15:44:42+00:00April 19th, 2018|

Retrenchment Consultation

Identifying consulting parties in terms of section 189(1) of the LRA Employers are often uncertain as to who they should consult with when embarking on a restructuring exercise in terms of section 189 of the Labour Relations Act 66 of 1995, as amended (“the LRA”). Depending on various factors, the consultation process could last [...]

2018-07-04T15:45:42+00:00March 2nd, 2018|

An apple a day? Dishonesty and the employer’s onus in dismissal disputes

An apple a day? Dishonesty and the employer’s onus in dismissal disputes In the recent case of Compass Group Southern Africa (Pty) Ltd v van der Merwe N.O & Others (JR633-16, 9 February 2018) the employer had approached the Labour Court with a review application, seeking to review and set aside the findings of the Commissioner [...]

2018-07-04T15:45:48+00:00February 14th, 2018|