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  • Latest News Blog

    Employer has onus to scrutinise umbrella fund before investing employees pension savings

    retirementBusinessLive reports that if an employer chooses to provide retirement benefits for its employees through an umbrella fund it should have certain statutory duties, a leading pension lawyer has suggested.  

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    Mkhize asks ConCourt for extension to amend municipal act that prohibits municipal managers from holding political office

    parliamentBusinessLive reports that co-operative governance and traditional affairs minister Zweli Mkhize has approached the Constitutional Court (ConCourt) to ask for a 12-month extension in which to enact an amendment to legislation dealing with municipalities.  

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    PIC board gave Dan Matjila licence to target whistle-blowers, axed executive Paul Magula says

    picBusinessLive reports that the inquiry into governance issues at the Public Investment Corporation (PIC) has heard that the corporations board allowed its former CEO, Dan Matjila, to run investigations into leaked information that implicated him in order to target whistle-blowers.  

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    Police arrest SAA pilot who was fired for flying with fake licence for 20 years

    saa thumb medium95 76News24 reports on the arrest of a senior SA Airways (SAA) pilot, who had been asked to resign earlier this year after it was found that he had flown commercial airplanes for more than 20 years with a fake licence.  

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    Pension fund industry abuse in Financial Sector Conduct Authoritys crosshairs

    retirementBusiness Times reports that armed with a new mandate to be more "proactive, pre-emptive and intrusive", the Financial Sector Conduct Authority (FSCA) is going to clamp down on corruption in the pension fund industry that is denying employees a dignified retirement.  

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    ANC wants sex pest employees to be prosecuted

    ancIndependent News reports that the ANC has indicated that it would push for immediate criminal prosecution of employees who were implicated in allegations of rape and sexual assault.  

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    Many pension funds apply at last minute for exemptions from new rules aimed at helping members retire with sufficient funds

    retirementBusiness Times reports that amendments to the Pension Funds Act have just come into force, aimed at helping investors ensure they retire with enough money, but many funds have failed to meet the deadline to enact the changes.  

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    Uncertain future for Bosasa workers as opaque liquidation process continues

    newsThe Sunday Independent reports that the future is uncertain for Bosasa workers as the embattled company weighs its liquidation options after allegations of bribery and tender corruption surfaced at the Commission of Inquiry into State Capture.  

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    Public Servants Association applies to court to get answers on PICs R5bn loan to Eskom

    picFinancial Mail reports that the beleaguered Public Investment Corp (PIC) will have to explain the inner workings of its relationship with the Government Employees Pension Fund (GEPF), the PICs major client, specifically over the grant of a R5bn bridging loan from the PIC to Eskom.  

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    IRR survey paints grim picture of state of SA minibus taxis

    irrDaily News writes that SA minibus taxis are not safe, are often overloaded and their drivers are not trustworthy.  This was the result of research undertaken by the Institute of Race Relations (IRR), detailed in a 24-page report compiled by Gareth van Onselen, head of politics and governance at the organisation.  

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    Above-inflation Eskom tariff increases will have negative impact on mining industry, Minerals Council warns

    MineralsCouncilSAMining Weekly reports that Minerals Council SA chief economist Henk Langenhoven warned on Thursday that the higher-than-inflation tariff increases granted to state-owned Eskom by the National Energy Regulator of SA (Nersa) will have a major impact on the mining industrys cost structure.  

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    Tshwane Metro staff abandon call centre as they flee from bug influx

    tshwane thumb100 Saturday Citizen reports that the Tshwane metropolitan council says it is 'coping with incoming calls' after staff abandoned its call centre two weeks ago because of an allegedly 'out-of-control' insect infestation.  

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    DA is the only major political party with a sexual harassment policy

    daSunday Tribune reports that of the four major political parties, only the Democratic Alliance (DA) has a sexual harassment policy.  

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    KZN regional court presidents provisional suspension confirmed amid bribery allegations

    newsSunday Tribune reports that KwaZulu-Natal (KZN) Regional Court President Eric Nzimandes provisional suspension was confirmed during a sitting of a National Council of Provinces (NCOP) committee.  

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    Amazon to bring jobs and hi-tech skills to SA as it seeks staff for new Cape Town data centres

    AmazonBusiness Times reports that Jeff Bezos's is on the hunt for talent in SA as it prepares to open its first African data centres in Cape Town.  

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    Senior eThekwini official being investigated for tender rigging, fraud and corruption returns to work

    durbanSunday Tribune reports that a senior eThekwini official who is being investigated for tender rigging, fraud and corruption has returned to work.  

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    Numsa rejects Eskom tariff hike, vows to take on IPPs, unbundling

    numsaFin24 reports that the National Union of Metalworkers of SA (Numsa) said in a statement on Sunday that it rejected the tariff increase that the National Energy Regulator of SA (Nersa) has granted Eskom.  

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    Fort Hare vice-chancellor under fire over alleged affair with employee in his office

    FortHareCity Press reports that the audit and risk committee (ARC) of the University of Fort Hare has recommended the suspension of the vice-chancellor (VC), professor Sakhela Buhlungu.  

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    Three people arrested for selling fake JMPD jobs for R300

    JMPDNews24 reports that three people accused of trying to sell "fake" jobs at the Johannesburg Metro Police Department (JMPD) have been arrested.  

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    ANC calls for the public's input on its internal sexual harassment policy

    ancNews24 reports that the ANC has invited the public to make an input as the party rushes to finalise its internal sexual harassment policy amid sex scandals that have rocked the organisation.  

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    Joburgs City Power fires another allegedly corrupt employee

    citypowerBusinessLive reports that Johannesburg's City Power has dismissed another of its employees for alleged misconduct related to work done with contractor Setheo Engineering.  

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    Double digit electricity price rise will devastate gold sector, Sibanye-Stillwater warns

    Sibanye StillwaterBloomberg reports that Sibanye-Stillwater says a double-digit electricity price increase undermines the viability of SAs gold industry.  The power regulator on Thursday approved an effective 13.8% hike in tariffs by state-owned power utility Eskom.  

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    Latest Cases Blog

    DRS DIETRICH, VOIGT & MIA v BENNET CM N.O (LAC). Summary: Review of an arbitration award - Employee dismissed for falsifying his overtime claim forms. The CCMA - finding that the employee was not guilty of dishonest conduct but negligent - substituting the sanction of dismissal with an award of retrospective reinstatement and a 12-months written warning for negligence. On review to the Labour Court- finding that the award was not susceptible to review and fell within the band of reasonable decision-makers. Consequently- finding no basis to upset the commissioner’s assessment of the fairness of the disciplinary sanction meted out to the employee.

    THE DEPARTMENT OF EDUCATION v JOHN KEARNS N.O. (LAC). Summary: Review of the decision of a presiding officer â€" principle restated that a government department as an employer has the right to review unreasonable, irrational or procedurally unfair conduct by presiding officers exercising delegated authority. â€" such decision administrative action and the employer having the right to seek administrative law review; Labour Court empowers under section 158(1)(h) of the LRA to hear and determine the review â€" presiding officer setting aside charges against employee â€" Labour Court dismissing review on the basis that employer failed to set out a cause of action in its affidavit by relying specifically on PAJA

    WALLENIUS WILHELMSEN LOGISTICS VEHICLE SERVICES v NUM (LAC). Summary: Collective agreement regulating negotiation and level of bargaining â€" union demanding an additional R40.00 for transport per day for its members â€" employer obtaining a rule nisi retraining the union intended strike- rule nisi discharged on the return date on the basis that the bargaining council constitutional prohibitions on plant level bargaining had no application while there was no enforceable collective agreement in operation. Held that bargaining council constitution remained (and remains) extant despite the expiry of the 2013 agreement. Clause 11 of the MIBCO constitution makes it abundantly clear that proposals and bargaining in respect of the amendment of any existing agreement, the introduction of a new agreement or any matter of mutual interest are to be negotiated at MIBCO level and not at plant level; and clause 12 prohibits strike action unless and until the dispute about a matter of mutual interest has been dealt with at central level…The prohibition on plant level bargaining is directed at uniformity and orderly substantive outcomes. The attempt by NUMSA to introduce two-tier bargaining sought to alter substantive wage rates at plant level in respect of a single employer. That is a matter of mutual interest reserved by the MIBCO Constitution for centralised bargaining. NUMSA’s failure to do that meant that the strike was prohibited in terms of section 65(1)(a) of the LRA. NUMSA was bound by a collective agreement (the MIBCO constitution) that prohibited a strike in respect of a demand for increased wages at plant level. The Labour Court accordingly erred in not confirming the rule nisi. Appeal upheld.

    SOLIDARITY OBO Scholtz m v Gijima Holdings (Pty) Ltd. Summary: Claim for unlawful deduction â€" the employer and the employee concluding an Employee Loyalty Incentive Scheme Agreement (the ELISA) in terms of which the employee would remain in the employ of the employer for a period of 12 months following the payment of a retention bonus â€" employer notifying the employee of the termination of the ELISA â€" employee urging the employer to pay the bonus- the employer complying with the request by effecting payment of the bonusâ€" thereafter the employee resigning â€" the employer deducting the retention bonus paid to employee-

    FIDELITY SECURITY SERVICE (PTY) LTD v SOCRAWU OBO KNOXWELL NENGWEKHULU & 1 OTHER (LC). Summary: Unfair labour practice. Reinstatement of suspended employee not competent relief where it turned out during arbitration that the employee was dismissed prior to commencement of arbitration proceedings. The award reviewed and set aside in so far as the relief of reinstatement awarded by the arbitrator.

    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.