Case Law Update: Managing A Large Scale Mess
In a judgment (exceeding 100 pages) the Constitutional Court has made clear the objectives of section 189A(13) of the Labour . . .
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In a judgment (exceeding 100 pages) the Constitutional Court has made clear the objectives of section 189A(13) of the Labour . . .
The appellant was employed by the first respondent as a Chief Director. During strike action at her place of employment, . . .
The applicant is a registered employer’s association. Following various rulings where representatives of PEASA were denied the right to represent . . .
Prior to embarking on protest action to promote or defend the socio-economic interests of workers, a registered trade union or . . .
The applicants sought an order that the respondent employer had been underpaying a transportation allowance, and that the employer be . . .
A dispute in terms of section 77A of the BCEA was lodged against the respondent employer alleging that the employer . . .
The applicant employee was a senior manager in the employ of the respondent. He was dismissed for sexual harassment following . . .
The applicant had received an image on her cellphone from a subordinate. The image was of a motor vehicle touched . . .
In yet another matter involving a government department, the applicant employee was sexually harassed by her superior. The applicant had . . .
At a shop steward meeting of the PSA, held on the premises of the Department, during working hours, the applicant . . .
When the pandemic was first announced, and the country placed on Level 5 of lockdown, the applicant requested leave to . . .
The applicant was employed as a receptionist. He was dismissed for racially abusing clients who had refused to adhere to . . .
The applicant employee was dismissed for lighting a “zol” during his tea break. The respondent employer has a zero-tolerance approach . . .
Following the applicant having lodged various grievances against his superior for “bullying”, the applicant resigned and claimed a constructive dismissal.
The . . .
The two respondent ex-employees, who were special needs teachers, resigned from the employ of the applicant, with a months’ notice, . . .
The respondent employee, a cashier, was dismissed by her employer on a charge classified as “fraud”. In terms of the . . .
The respondent employee was dismissed after his employer learnt that he had arranged for the cutting, and removal of certain . . .
The respondent employer was compelled to restructure due to challenging economic times. Consequently, notices in terms of section 189(3) of . . .
The applicant union sought organisational rights in terms of section 12, 13, 14, 15 and 16 of the LRA. The . . .
After the applicant had been suspended, she referred a dispute to the CCMA claiming that she had been unfairly discriminated . . .
The applicant union claimed organisational rights from the respondent, which operated five farms in KZN and performed contract work for . . .
The applicant employee was dismissed for unauthorised absence from work for seven days. He had submitted sick notes for the . . .
The applicant was dismissed after being found guilty on a range of charges after a disciplinary hearing was held in . . .
The applicant had been employed by the respondent on successive fixedterm contracts for four years. He claimed that he was . . .
The applicant accused a foreman during a counselling session for his team that he ruled with an iron fist and . . .
The applicant employee was dismissed for using racially offensive and derogatory language towards a colleague. She argued that her dismissal . . .
The applicant employees were dismissed for gross dishonesty for presenting fraudulent medical certificates after they had been away from work . . .
The matter concerned an application by 10 mining companies to interdict a secondary strike called by AMCU in support of . . .
After the applicant was retrenched by the respondent he instituted a claim under the BCEA for notice and leave pay, . . .
The applicant was employed as a security guard by the respondent and after failing a polygraph test, signed a retrenchment . . .
The applicant was employed as a picker/packer in 2009. His job was highly physical in that it involved, amongst others, . . .
The applicant applied for a position as a trainee accountant with the respondent and cited his father, Atul Gupta, as . . .
The respondent employees were employed by a company (C-Force) to repair pallets for the benefit of the applicant. The pallets . . .
The respondent employee was dismissed for using grossly offensive language at a training camp for referees and bringing the appellant’s . . .
The respondent employee was instructed to appoint casual labour to clean up waste and he recruited three casual labourers to . . .
The respondent employee was dismissed after being found guilty of a list of charges of misconduct. The CCMA Commissioner ruled . . .
The applicant was dismissed by the respondent after it was established that the respondent’s vehicle fleet in the region, had . . .
The matter has its genesis in the events which occurred in August/September 2012 where a protected strike was marred by . . .
A judgment of the Labour Court has made it clear that political parties should rather leave the sphere of labour . . .
Dismissal (Misconduct) – The applicant was dismissed for refusing to be searched in suspicious circumstances as well as gross negligence . . .
The applicant employee was dismissed for using racially offensive and derogatory language towards a colleague. She argued that her dismissal . . .