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  • Latest News Blog

    Cosatu approves of new ANC MPs, but they 'will have to pull up their socks'

    anc EWN reports that African National Congress (ANC) tripartite alliance partner Cosatu said on Tuesday it welcomed the new leadership in Parliament.  

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    Samwu 'notes' allegations of grand-scale looting of workers' strike fund

    samwu thumb medium80 78 ANA reports that the SA Municipal Workers Union (Samwu) said on Tuesday that its leadership would be receiving a report of alleged grand-scale looting of the union's coffers as they were currently holding a scheduled central executive committee meeting.  

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    No injuries or fatalities reported in Germiston train fire on Tuesday

    news News24Wire reports that no injuries or fatalities were reported after a train caught fire in Dinwiddie, Germiston, on Tuesday.  

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    Samwu slams appointment of David Tembe as acting JMPD head

    JMPD The Star reports that the Johannesburg Metro Police Department (JMPD) has a new acting executive director of public safety following the appointment of its police chief David Tembe.  

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    Retrenchments constituted biggest share of Libertys monthly income claims in 2018

    Liberty BusinessLive reports that retrenchments accounted for the biggest share of monthly income claims paid out by Liberty in the 2018 financial year.  

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    Lonmin plans to cut 4,100 workers as it closes platinum mines

    lonminlogo thumb medium90 90 Bloomberg reports that Lonmin plans to cut 4,100 workers at mines that have run out of profitable ore and are being closed.  

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    Public Protector slates SA Weather Service for 'unlawful' appointment of manager with insufficient credentials

    WeatherService TimesLIVE reports that the SA Weather Service (Saws) must approach the courts within 30 days to have the "unlawful" appointment of a manager with insufficient credentials set aside and take appropriate disciplinary action against suspended CEO Jerry Lengoasa for his improper conduct in the matter.  

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    Choppies CEO suspended amid legal and forensic investigations

    Choppies Fin24 reports that following a meeting on Monday, the board of grocery retailer Choppies has suspended its CEO Ramachandran Ottapathu with effect from Wednesday, 22 May.  

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    Battle for control of Fawu could eat into the unions membership

    fawu BusinessLive reports that the bruising battle for control of the Food and Allied Workers Union (Fawu) could spur rival unions to eat into its 126,000-strong membership in the farming, fast food, beverage, fishing, wholesale and retail, and hospitality sectors.  

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    Gas leak at Cape Town recycling company claims four lives on Tuesday

    news News24 reports that four people died following a gas leak on Tuesday at a Cape Town plastic recycling company in Birch Road, Beaconvale, Parow.  

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    Well-known Labour Court judge dies after black mamba bite in Zambia

    labourcourts News24 reports that a Cape Town Labour Court judge has died after he was bitten by a black mamba while on holiday in Zambia.  

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    Trading profit at Shoprite Holdings affected by strike at distribution centre

    Shoprite Business Report writes that Shoprite Holdings reported a 14.3% decline in trading profit to R6.9 billion for the year to end June, negatively impacted by the strike in the first half of the year, slow economic growth in SA and currency devaluations in the rest of Africa operations.

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    ANC eyes R6-trillion controlled by pension asset managers rather than IMF bailout

    anc Sunday Times Business Times writes that the ANC's economic policy guru has reiterated the party's desire for the government to raid private and public pension funds to raise money to rescue ailing state-owned enterprises (SOEs) and meet its financial obligations.

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    Will City of Johannesburgs groundbreaking pact with Samwu and Imatu work?

    joburgcity BusinessLive reports that on Monday the City of Johannesburg together with the SA Municipal Workers' Union (Samwu) and the Independent Municipal and Allied Trade Union (Imatu) signed what they described as a historic and first-of-its-kind memorandum of understanding, aimed at promoting harmonious labour relations and advancing service delivery.

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    KwaMashu train station shut on Tuesday after stones fly in service delivery protest

    metrorail thumb medium90 92 TimesLIVE reports that the Passenger Rail Agency of SA (Prasa) suspended train services at a station in KwaMashu, north of Durban, after protesters hurled stones during a service delivery protest on Tuesday.

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    Strike by Legal Aid lawyers on Monday saw court chaos

    strike thumb medium85 85 The Citizen reports that court officials have told of a chaotic Monday at the courts during the first day of a strike by Legal Aid SA lawyers, with cases unheard and postponed.

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    SABC heads to Labour Court to get 28 'irregular staff appointments' set aside

    sabc Fin24 reports that the SA Broadcasting Corporation (SABC) was due on Tuesday to head to the Labour Court in a bid to have some 28 irregular appointments declared unlawful and set aside.

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    BMF creates litigation fund to take on companies violating employment equity laws

    bmf Fin24 reports that the Black Management Forum (BMF) has established a litigation fund with the aim of taking legal action against "gross violations derailing transformation in South Africa;.

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    Victory for Solidarity as Denel is ordered to pay over employee deductions owed to UIF and Sars

    Denel Reuters reports that trade union Solidarity on Tuesday welcomed a high court ruling that state-owned arms manufacturer Denel must fulfil its statutory obligations to pay over the unemployment insurance contributions and taxes deducted from employeesÃÆ'¢â‚¬â„¢ salaries over several months.

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    Harmony Gold employee dies in surface locomotive accident at Doornkop plant

    harmony Mining Weekly reports that a Harmony Gold employee died in a surface rail locomotive related accident at the Doornkop gold plant on Sunday.

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    Traffic information employees unpaid for eight months

    news GroundUp reports that about 66 former employees of Tasima, a company contracted by the Department of Transports Road Traffic Management Corporation (RTMC) to build a traffic information system, have not been paid salaries since December 2018.

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    City of Johannesburg signs landmark co-operation agreement with Imatu and Samwu

    joburgcity TimesLIVE reports that the City of Johannesburg and two trade unions on Monday signed a memorandum that aims to enable an open-door policy and resolve labour relations issues before they escalate to strike action.

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    Nehawu calls for sacking of entire Necsa board after court finding

    necsa1

    Business Report writes that the National Education, Health and Allied WorkersÃÆ'¢â‚¬â„¢ Union (Nehawu) has called for the sacking of the board of the SA Nuclear Energy Corporation (Necsa) after the North Gauteng High Court found on Friday that the decision by former energy minister Jeff Radebe to axe the previous board was unlawful.

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    Establishment of media bargaining council mooted

    news Mail & Guardian reports that in the wake of the deregistration of the Media Workers Association of SA (Mwasa), one trade union is floating the idea of forming a media bargaining council.

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    Latest Cases Blog

    NUMSA OBO E MASANA v GILI PIPE IRRIGATION (PTY) LTD (LAC). Summary: Rescission application . Labour Court dismissing rescission application by employee. Labour Court holding the view that award prescribed and no prospects of success in rescission application . principles relating to prescription restated . Metrobus and Piemans Pantry decisions in Constitutional Court applied - On the facts, prescription had not run its full term; employees right of action had not prescribed . premise upon which application dismissed by Labour court incorrect - Appeal upheld and matter remitted to the Labour Court for consideration of the merits of the rescission application.

    GOLDGRO (PTY) LTD v CAROLINE MCEVOY (LAC). Summary: Alleged Protected disclosure . employee contending that her retrenchment was due to the disclosure she made concerning certain irregularities to the board of which she is a member - the employee caused her attorney to send a letter (the PD letter) to the board concerning: (1) the integrity of the facility for coins held in safekeeping, (2) the integrity of the appellants stance on dealing with lessors to whom turnover rentals were owed, and (3) the merits of an application to place the appellant into business rescue.

    GENET MINERAL PROCESSING (PTY) LTD v CCMA (LAC). Summary: Review of arbitration award . employee dismissed for negligently allowing blockage to occur thereby interrupting production at the plant which caused financial loss to the employer . There was a confusion about the dates when the blockage occurred . the wrong dates initially alleged - commissioner finding that no misconduct committed on the dates initially alleged and that dismissal unfair

    TRANSPORT AND ALLIED WORKERS UNION OF SOUTH AFRICA v ALGOA BUS COMPANY (PTY) LIMITED (LAC). Summary: Condonation for the late filing of the notice of appeal and reinstatement of appeal . union contending that financial constraints limited its ability to brief counsel who will accept its payment condition . court held that an explanation based on the lack of funds will not automatically result in the granting of condonation and that explanation for the delay wholly unsatisfactory as union not providing financial statement proving its financial distress. Application for the reinstatement of the appeal dismissed and matter struck from the roll.

    PIKITUP JOHANNESBURG (SOC) LIMITED v NEIGHBOUR EDWARD MUTERO (LAC). Summary: Enforcing arbitration award in terms of s158(1)(c) of the LRA . Labour Court making award an order of court reinstating employee in former position or any available executive positions and payment of bonuses . employer contending that as the result of the restructuring employees former position downgraded to that of General Management .held that employee was employed in an executive position prior to his dismissal and at the time of his reinstatement there were three vacant executive positions. So even if, as a result of the restructuring of the executive post which employee had occupied before his dismissal, it became impossible for him to be reinstated into that post, he was entitled to be reinstated into any of the other three vacant executive positions. As regards the payment of the bonuses ordered by the Labour Court, court held that payment of bonuses is discretionary and based on performance. Appeal partially upheld.

    MACSTEEL TRADING WADEVILLE v FRANCOIS VAN DER MERWE N.O (LAC). Summary: Review of arbitration award . employer raising union undue delay in prosecuting the review application in its answering affidavit in the review application . Labour Court refusing to consider the undue delay because the employer had not filed a rule 11 application . court finding that by the time review was heard, the application had in effect lapsed and been archived in terms of Practice Manual of the Labour Court- as such the Labour Court had no jurisdiction and should have struck the matter from the roll or give the employer an opportunity to file a separate rule 11 application demonstrating why the matter should be dismissed or struck from the roll on the basis of undue delay. Appeal upheld with costs and Labour Courts judgment set aside.

    WORKERSLIFE DIRECT (PTY) LTD v E MALOKA (LAC). Summary: Specific performance . employee claiming payment of post-employment commissions in terms of a Group Scheme Broker (GBS) contract after resigning . employee contending that he had concluded both an admin contract and a GSB contract with employer and that was entitled both to the benefits of an administrative employee and to the post-termination commission . employer contending that only GSB employees entitled to post-termination and targets commission and disputed the authenticity of the GSB contract - court finding that employee was paid on terms identical to those provided for in the GSB contract and that employee GBS contract probably authentic . Labour Courts judgment upheld and appeal dismissed with costs.

    NKOMATI JOINT VENTURE v CCMA (LAC). Summary: Review of arbitration award . duty of commissioner to assist unrepresented litigants - employer contending that failure by the commissioner to lend a helping hand and to inform it that it was required to re-open its case and lead evidence in rebuttal of employees new version was a gross irregularity

    NATIONAL COMMISSIONER OF THE SOUTH AFRICANPOLICE SERVICE v POPCRU obo A. MEZICHEL (LAC). Summary: Review of the disciplinary sanction imposed by employers appeal authority . appeal authority reversing sanction of dismissal against employee . court finding that appeal authoritys decision irrational and unreasonable in light of the employees conduct.

    TELKOM SA LTD v THE COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION (LC). Summary: Jurisdiction of the CCMA to deal with an unfair labour practice dispute emanating from section 189 process. Section 186(2)(a) . failure to appoint the employee to a promotive position created consequent to restructuring and offered as an alternative to retrenchment. Interpretation of section 193(4) of the LRA . remedy of reinstatement and promotion of a retrenched employee.


    DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES v DENVOR CRAIG BARON (LAC). Summary: Review of arbitration award fixed term contracts renewed successively-position advertised as three year contract with help of incumbent- incumbent dismissed before decision made on appointment-incumbents evidence that he was promised position and had reasonable expectation to be appointed not disputed at arbitration-arbitrators award that incumbent had such expectation and that his dismissal was substantively unfair confirmed-part of award only awarding compensation set aside and replaced with reinstatement order- On appeal decision of Labour Court confirmed and appeal dismissed. Coram: Coppin JA, Murphy et Savage AJJA

    RORY GALLOCHER v SOCIAL HOUSING REGULATORY AUTHORITY (LC). Summary: Jurisdiction Labour Court does have jurisdiction to consider an urgent application to intervene in the case of suspension of employee exceptional and compelling reasons however required exceptional circumstances shown . Urgency applicant must establish compelling considerations of urgency urgency shown. Suspension whether suspension lawful principles considered decision to suspend employee taken at a council meeting where required quorum not established and regulatory procedures not complied with no valid decision taken to suspend the employee suspension unlawful

    UASA on behalf of its members v WESTERN PLATINUM LIMITED (LC). Summary: agency shop agreement invalid and unenforceable â€â€Å" not compliant with statutory formality agency shop agreement must expressly provide for matters prescribed by s 25(3) of the LRA

    Leon Logan Appels v Education Labour Relations Council (ELRC) (LAC). Summary: Whether a bargaining council through a collective agreement can vary time period for referral stipulated for by the LRA- principle that subordinated legislation subject to empowering legislation restated- distinction must be drawn between substantive and procedural rights- subordinated legislation cannot alter substantive rights- court held that clause 9.1.3 of the constitution the ELRC that reduces the time period for referral from 90 days to 30 is clearly not in conflict with the LRA. By reducing the time period to 30 days for the sake of celerity ELRC does not take away the right of the referring party to be heard. Labour Courts judgment upheld appeal dismissed.

    PAREXEL INTERNATIONAL (PTY) LTD v CHAKANE, T N.O. (LAC). Summary: Review of arbitration award - dismissal on account of ill-health principle that an employer not expected to tolerate an employees prolonged absence from work for incapacity due to ill health and that it may, if it be fair in the circumstances, exercise an election to end the employment relationship restated

    EXXARO COAL (PTY) LTD v GABRIEL CHIPANA (LAC). Summary: Review of arbitration award made in terms of the Labour relations Act -exclusion of hearsay evidence-ruling made in arbitration award-hearsay evidence not objected to or disallowed when first produced-dealt with as if it was admitted evidence-timing of ruling crucial-to be made when evidence first produced- hearsay inadmissible unless admission consented to or it is in the interest of justice-latter involves the exercise of a discretion-invoking the law requires reasonable accuracy-Misstating the law in those circumstances is a reviewable irregularity-late ruling on admissibility unfair-purported exercise of the discretion by a reviewing or appeal court incapable of curing the fundamental unfairness that occurred in the arbitration proceedings when the evidence been ruled upon was let in unchecked-arbitrator or commissioner not to remain passive when hearsay evidence produced by a party.