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    Legal Info is a comprehensive legal library and research service that puts updated libraries and powerful, blazing fast searching tools at your fingertips.

    PSA rejects call to ban cellphones at Department of Home Affairs front desks

    EWN reports that the Public Servants Association of SA (PSA) has condemned a suggestion by Parliament's home affairs portfolio committee to ban cellphone use during working hours at the front desks at the Department of Home Affairs.  

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    Forcing pension fund to invest in bankrupt SOEs could lead to court challenge

    BL Premium reports that one of SA's largest fixed-income lenders says any attempt by the government to force pension funds to invest in bankrupt state-owned companies (SOEs) is likely to spark a Constitutional Court (ConCourt) challenge.  

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    'Opportunists' used the picture to 'spread hate', says suspended Schweizer-Reneke teacher

    The Citizen reports that at a press conference held by trade union Solidarity, suspended Schweizer-Reneke teacher Elana Barkhuizen was in tears as she read out a statement in Afrikaans.  

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    Sibanye, Lonmin extend merger longstop date to 30 June following appeal by Amcu

    Mining Weekly reports that precious metals miner Sibanye-Stillwater and platinum group metals miner Lonmin have agreed to extend the longstop date for the transaction in which Sibanye will acquire all of Lonmin' issued share capital.  

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    Government considers shortening internship periods for doctors to alleviate bottlenecks

    TimesLIVE reports that shortening doctors’ internships from two years to one year is being mooted to alleviate the strain in the training of doctors.  

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    Sibanye banks on US mines, high palladium price as Amcu strike at gold mines spreads

    Mining Weekly reports that Sibanye-Stillwater CEO Neal Froneman on Tuesday responded to the Association of Mineworkers and Construction Union's (Amcu's) announcement of secondary strike action.  

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    Joburg metro cop arrested in Soweto for taking R10 bribe

    TimesLive reports that a Johannesburg Metro Police Department (JMPD) officer was arrested on Monday after he allegedly took a R10 bribe from a taxi driver in Soweto.  

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    Success of national minimum wage threatened by exemption clause allowing only 10% reduction

    Claire Bisseker writes that the new national minimum wage (NMW) of R20 an hour came into effect on 1 January and, though it's too early to tell how well the exemption process is working, there are already allegations from business of bad faith.  

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    SANDF warrant officer arrested in alleged cash-for-jobs scam

    News24 reports that a warrant officer in the SA National Defence Force (SANDF) was due to appear in the Thaba Tshwane military court on Tuesday following his arrest for alleged involvement in a cash-for-jobs scam.  

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    Smelters won't survive 15% Eskom tariff hike and thousands of jobs will be at risk, ferroalloys industry warns

    BusinessLive reports that as hearings into Eskom’s proposed tariff increase kicked off on Monday, the ferroalloy industry warned it would not survive a double-digit increase in electricity prices.  

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    BMF to meet Denel over appointment of white Group CEO, before considering legal action

    Fin24 reports that the Black Management Forum (BMF) will first meet with state-owned arms manufacturer Denel before considering legal action over its concerns that a white male, Daniel du Toit, was recently appointed group CEO.  

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    Suspended Schweizer-Reneke teacher to speak out at Solidarity press conference on Tuesday

    News24 reports that Solidarity is expected to announce legal action on Tuesday to have what it described as the "unlawful suspension" of Laerskool Schweizer-Reneke teacher Elana Barkhuizen lifted.  

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    Amcu to conduct secondary strike at Sibany's platinum mines from 22 January in support of ongoing gold strike

    Mining Weekly reports that the Association of Mineworkers and Construction Union (Amcu) on Monday confirmed it would be embarking on secondary strike action at Sibanye-Stillwater's platinum operations in SA from 22 January.  

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    Latest Cases Blog

    Anderson Transport v National Bargaining Council for Road Freight and Logistics Industry (LAC). Summary: Compliance order issued in terms of section 33A(3) of the LRA bargaining council referring non-compliance to a collective agreement by employer collective agreement enjoining employers to pay employees by their actual time worked, including overtime and allowances whereas employer’s paying employees by their output on actual kilometres driven employer contending that its scheme predated collective agreement as it is incorporated into individuals employees’ contract of employment

    SOUL MTSHWENE v GLENCORE OPERATIONS SA (PTY) LTD (LION FERROCHROME) (LAC). Summary: The employer lodging a review application against the finding by the CCMA that the dismissal of the employee was substantively unfair because the employer had not been consistent in applying discipline. The employee filing a cross-review, 122 days out of time, mounting an attack on the finding by the commissioner that he was guilty of the misconduct and further seeking reinstatement into employment.

    EPIC FOTHE NATIONAL EDUCATION HEALTH ANDALLIED WORKERS UNION (NEHAWU) v MINISTER OF HEALTH (LC). Summary: The Applicant filed an application to admit into evidence further affidavits. Application dismissed as the evidence was available at the time of the filing of the application with no acceptable explanation why it was not placed before Court earlier. Consideration of the explanation and prejudice.

    ODS (PTY) LTD v INQUBELA PHAMBILI TRADE UNION (LC). Summary: Return day Final order sought to interdict certain conducts by the first respondent and its members. Responsible conduct of a Trade Union during a strike action considered. Order against the third respondent whether interim or final discharge or confirmation thereof. Held: (1) All orders were discharged with costs in appropriate circumstances.

    THE NATIONAL EDUCATION HEALTH ANDALLIED WORKERS UNION (NEHAWU) v MINISTER OF HEALTH (LC). Summary: The Applicant filed an application to admit into evidence further affidavits. Application dismissed as the evidence was available at the time of the filing of the application with no acceptable explanation why it was not placed before Court earlier. Consideration of the explanation and prejudice.

    HENRICUS VAN SPAENDONCK v GLOBAL SUPPLY CHAIN SERVICES (PTY) LTD T/A GLOBAL TRACK (LAC). Summary: Review of arbitration award application of s 145 of the LRA principle restated commissioner failing to consider evidence before her had she considered the evidence, the commissioner ought to have found that employee misconducted himself by using the company credit card for his personal use- Appeal dismissed with costs.

    AMCU v KPMM Road and Earthworks (LAC). Summary: Contempt of court of order against both employees and union- employer failing to prove that employees making common purpose with those committing misconduct- doctrine of common purpose restated in respect of union, court restating requirements for contempt application- court finding that order of the Labour Court unclear so as to enable union to know what is expected of it. Held that if an employer wishes to obtain relief against a union in circumstances similar to that of the present dispute, it behoves its legal advisers to draft a notice of motion which gives clear content to the obligations which it wishes to impose upon the union. Appeal upheld Labour Court’s judgment set aside.

    MEC FOR ECONOMIC DEVELOPMENT ENVIRONMENT & TOURISM v MADIMETJA ABRAM MOGAHLANE (LAC). Summary: Unreasonable delay in the prosecution of a review application in terms of section 158(1)(h) of the LRA court finding that although there is no prescribed time limit for launching a review under section 158(1) (h) of the LRA it should be initiated within a reasonable time held that a delay of almost six months is excessive particularly where, as found by the Labour Court in this matter, the explanation was wholly unreasonable further that if there is no merit in the legal challenge to the impugned decision, no purpose would be served by overlooking the delay Court finding on the merits that employee’s appointment was in compliance with the regulations Labour Court judgment upheld and appeal dismissed with costs.