South Africa Legal Review

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    • Case Law Update: Managing A Large Scale Mess

      • CCMA
      • Labour Court
      • Retrenchment

      In a judgment (exceeding 100 pages) the Constitutional Court has made clear the objectives of section 189A(13) of the Labour . . .

    • Churchill v Premier of Mpumalanga [2021] 6 BLLR 539 (SCA)COIDA (Delictual claims)

      • Damages
      • Delictual Claims

      The appellant was employed by the first respondent as a Chief Director. During strike action at her place of employment, . . .

    • Proactive Employers’ Association Of Sa (PEASA) v Director: [2021] 5 BLLR 519 (LC) Representation (CCMA)

      • CCMA
      • Employers Association

      The applicant is a registered employer’s association. Following various rulings where representatives of PEASA were denied the right to represent . . .

    • Congress of South African Trade Unions v Business Unity South Africa [2021] 4 BLLR 343

      • Protest Action
      • Trade Unions

      Prior to embarking on protest action to promote or defend the socio-economic interests of workers, a registered trade union or . . .

    • Giwusa obo Kalake v Fourie’s Poultry Farm (Pty) Ltd [2021] 4 BALR 384 (CCMA)Remuneration (Transport

      • CCMA
      • Remuneration

      The applicants sought an order that the respondent employer had been underpaying a transportation allowance, and that the employer be . . .

    • Workers Against Regression obo Motshegetsa v Atlas Finance [2021] 3 BALR 332 (CCMA) Remuneration (National

      • BCEA
      • Minimum Wage
      • Remuneration

      A dispute in terms of section 77A of the BCEA was lodged against the respondent employer alleging that the employer . . .

    • Khoza v National Energy Regulator of South Africa [2021] 3 BALR 259 (CCMA)Dismissal (Sexual Harassment)

      • Dismissal
      • Sexual Harassment

      The applicant employee was a senior manager in the employ of the respondent. He was dismissed for sexual harassment following . . .

    • Mcpherson V PRASA SOC Ltd (Metrorail Western Cape) [2021] 2 BALR 169 (CCMA)Discrimination (Sexual Harassment)

      • CCMA
      • Discrimination
      • Sexual Harassment

      The applicant had received an image on her cellphone from a subordinate. The image was of a motor vehicle touched . . .

    • Public Servants Association of South Africa obo EM v Office of The Chief Justice [2021]

      • CCMA
      • Discrimination
      • Sexual Harassment

      In yet another matter involving a government department, the applicant employee was sexually harassed by her superior. The applicant had . . .

    • Public Servants Association Of South Africa obo AG v Department Of Agriculture, Land Reform and

      • CCMA
      • Sexual Harassment

      At a shop steward meeting of the PSA, held on the premises of the Department, during working hours, the applicant . . .

    • Beck v Parmalat SA (Pty) Ltd [2021] 2 BALR 131 (CCMA)Absenteeism (COVID-19)

      • Absenteeism
      • CCMA
      • COVID-19
      • Dismissal
      • Unfair Dimissal

      When the pandemic was first announced, and the country placed on Level 5 of lockdown, the applicant requested leave to . . .

    • Joubert V Wilderness Hotel (Pty) Ltd [2021] 7 BALR 745 (CCMA)Racist conduct (Dismissal)

      • CCMA
      • Dismissal
      • Racism

      The applicant was employed as a receptionist. He was dismissed for racially abusing clients who had refused to adhere to . . .

    • Khumalo v Game Stores [2021] 5 BALR 614 (CCMA)Dagga (Dismissal)

      • CCMA
      • Dismissal
      • Drugs

      The applicant employee was dismissed for lighting a “zol” during his tea break. The respondent employer has a zero-tolerance approach . . .

    • Aylward v Wesbank A Division Of Firstrand Bank Ltd [2021] 7 BALR 723 (CCMA)Bullying (Constructive

      • Bullying
      • Constructive Dismissal

      Following the applicant having lodged various grievances against his superior for “bullying”, the applicant resigned and claimed a constructive dismissal.

      The . . .

    • Centre For Autism Research And Education CC v CCMA [2020] 11 BLLR 1123 (LC) Bullying (Constructive

      • Bullying
      • Constructive Dismissal

      The two respondent ex-employees, who were special needs teachers, resigned from the employ of the applicant, with a months’ notice, . . .

    • Pick ‘n Pay Retailers (Pty) Ltd v Jamafo obo Maluleke [2020] 12 BLLR 1229 (LAC)

      • Dismissal
      • Fraud
      • Procedure

      The respondent employee, a cashier, was dismissed by her employer on a charge classified as “fraud”. In terms of the . . .

    • Aquarius Platinum (SA) (Pty) Ltd v CCMA [2020] 11 BLLR 1071 (LAC) Unauthorised possession (Misconduct)

      • CCMA
      • Dismissal
      • Misconduct
      • Unauthorised Possession

      The respondent employee was dismissed after his employer learnt that he had arranged for the cutting, and removal of certain . . .

    • NUMSA v Aveng Trident Steel (A Division Of Aveng Africa (Pty) Ltd) [2021] 1 BLLR

      • Dismissal
      • Retrenchment
      • Unfair Dimissal

      The respondent employer was compelled to restructure due to challenging economic times. Consequently, notices in terms of section 189(3) of . . .

    • National Construction Building and Allied Workers Union obo Shardrack and Others v Solid Doors (Pty)

      • Organisational Rights
      • Trade Unions

      The applicant union sought organisational rights in terms of section 12, 13, 14, 15 and 16 of the LRA. The . . .

    • August v Pops Liquor Stop (Pty) Ltd (Discrimination)

      • CCMA
      • Discrimination

      After the applicant had been suspended, she referred a dispute to the CCMA claiming that she had been unfairly discriminated . . .

    • Abanqobi Workers Union obo Members v IR Voights (Pty) Ltd (Organisational Rights)

      • Organisational Rights
      • Trade Unions

      The applicant union claimed organisational rights from the respondent, which operated five farms in KZN and performed contract work for . . .

    • Numsa obo Kwanini v Volkswagen South Africa (Pty) Ltd (Absenteeism)

      • Absenteeism
      • Dismissal

      The applicant employee was dismissed for unauthorised absence from work for seven days. He had submitted sick notes for the . . .

    • Dyers v Western Cape Nature Conservation Board (Dismissal In Absentia)

      • Dismissal
      • Dismissal In Absentia

      The applicant was dismissed after being found guilty on a range of charges after a disciplinary hearing was held in . . .

    • Solidarity Obo Zuzane v Perishable Product Export Control Board (FTC’s)

      • Fixed-term Contract

      The applicant had been employed by the respondent on successive fixedterm contracts for four years. He claimed that he was . . .

    • Makhanya v st Gobain (Racism)

      • Dismissal
      • Racism

      The applicant accused a foreman during a counselling session for his team that he ruled with an iron fist and . . .

    • Reddi v University of Kwazulu-Natal (Racism)

      • Dismissal
      • Racism

      The applicant employee was dismissed for using racially offensive and derogatory language towards a colleague. She argued that her dismissal . . .

    • Chemical, Energy, Paper, Printing, Wood And Allied Workers’ Union Obo Stuurman and others v Whitcher(Dishonesty)

      • Dishonesty
      • Dismissal

      The applicant employees were dismissed for gross dishonesty for presenting fraudulent medical certificates after they had been away from work . . .

    • Anglogold Ashanti Ltd t/a Anglogold Ashanti and Others V AMCU (Secondary Strike)

      • Labour Court
      • Secondary Strike
      • Strike Action
      • Trade Unions

      The matter concerned an application by 10 mining companies to interdict a secondary strike called by AMCU in support of . . .

    • Pansegrouw v Rendeals Four Consulting (Pty) Ltd (Retrenchment)

      • BCEA
      • CCMA
      • Labour Court
      • Pay Dispute
      • Retrenchment

      After the applicant was retrenched by the respondent he instituted a claim under the BCEA for notice and leave pay, . . .

    • Kgwedi v Bidvest Protea Coin (Pty) Ltd (Settlement Agreement)

      • Dismissal
      • Retrenchment
      • Unfair Dimissal

      The applicant was employed as a security guard by the respondent and after failing a polygraph test, signed a retrenchment . . .

    • SN v Sky Services (Pty) Ltd (Automatically Unfair Dismissal)

      • Dismissal
      • HIV
      • Incapacity
      • Labour Court
      • Medically Unfit

      The applicant was employed as a picker/packer in 2009. His job was highly physical in that it involved, amongst others, . . .

    • Singhala v Ernst and Young Incorporated and another (LC Jurisdiction)

      • Dismissal
      • Labour Court
      • Labour Court Jurisdiction
      • Retrenchment

      The applicant applied for a position as a trainee accountant with the respondent and cited his father, Atul Gupta, as . . .

    • Chep South Africa (Pty) Ltd v Shardlow No and Others (TES)

      • CCMA
      • Labour Court
      • Temporary Employment

      The respondent employees were employed by a company (C-Force) to repair pallets for the benefit of the applicant. The pallets . . .

    • South African Rugby Union v Watson and Others (Insolence)

      • CCMA
      • Dismissal
      • Insolence
      • Labour Appeal Court
      • Labour Court

      The respondent employee was dismissed for using grossly offensive language at a training camp for referees and bringing the appellant’s . . .

    • Autozone v Dispute Resolution Centre Of Motor Industry and Others (Dishonesty)

      • CCMA
      • Dishonesty
      • Dismissal
      • Labour Appeal Court
      • Labour Court

      The respondent employee was instructed to appoint casual labour to clean up waste and he recruited three casual labourers to . . .

    • Legal Aid South Africa v Mayisela and Others (Insubordination)

      • CCMA
      • Dismissal
      • Insubordination
      • Labour Appeal Court
      • Labour Court
      • Racism

      The respondent employee was dismissed after being found guilty of a list of charges of misconduct. The CCMA Commissioner ruled . . .

    • Long V South African Breweries (Pty) Ltd and Others (misconduct)

      • CCMA
      • Constitutional Court
      • Dereliction of Duty
      • Dismissal
      • Fraud
      • Labour Court
      • Misconduct

      The applicant was dismissed by the respondent after it was established that the respondent’s vehicle fleet in the region, had . . .

    • NUMSA obo Khanyile Nganezi and others v Dunlop Mixing and Technical Services (Pty) Ltd and

      • Constitutional Court
      • Dismissal
      • Misconduct
      • Safety
      • Strike Action

      The matter has its genesis in the events which occurred in August/September 2012 where a protected strike was marred by . . .

    • Political Parties In Labour Disputes

      • Labour Court
      • Politics
      • Strike Action
      • Trade Unions

      A judgment of the Labour Court has made it clear that political parties should rather leave the sphere of labour . . .

    • Mosala v UnileverField Sales [2018] 5 BALR 507 (CCMA)

      • CCMA
      • Dismissal
      • Negligence
      • Retail

      Dismissal (Misconduct) – The applicant was dismissed for refusing to be searched in suspicious circumstances as well as gross negligence . . .

    • Commission Staff Association OBO Roeber-Madubanya V CCMA [2018] 4 Balr 359 (CCMA)

      • CCMA
      • Discrimination
      • Dismissal
      • Racism

      The applicant employee was dismissed for using racially offensive and derogatory language towards a colleague. She argued that her dismissal . . .