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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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    • Health and safety in the workplace: How important is it?
      A distinction is made between health and safety laws which are aimed at securing health and safety in the workplace, and the health and safety laws which provide for compensation in relation to occupational diseases and injuries (including fatal accidents). There... READ MORE

    • President Ramaphosa calls for new social compact
      Delivering the State of the Nation Address in parliament, president Ramaphosa called for a new social compact in South Africa. Durable partnerships needed to be forged between government, business, labour, communities and civil society. Spelling out the responsibilities... READ MORE

    • Muddy puddles! A trade mark lesson from Peppa Pig
      My 3-year-old daughter simply adores Peppa Pig. She can watch Peppa Pig, her little brother George, Mummy Pig, Daddy Pig and the other assortment of characters for hours on end and has even begun laughing and talking like Peppa! As I only recently discovered, Peppa... READ MORE

    • A win for domestic employees in South Africa
      According to the International Labour Organization, there are an estimated 1.1 million domestic employees in South Africa working in private households. The majority of domestic workers in South Africa are women, with research indicating that as of 2010, the ... READ MORE

    • What to do when your product is copied
      South Africa has seen a dramatic rise in entrepreneurial activity with many seeking to launch new products into the marketplace. For some, this means spending most of their time and budget on creating products they believe will sell well and then marketing these ... READ MORE

    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.

    SAMWU OBO K SHONGWE & 45 OTHERS v COMMISSIONER LUCKY MOLOI (N.O) (LC). Summary: (Review application Rule 11 Despite good merits extraordinarily dilatory prosecution of claim non-compliance with practice manual condonation refused review application dismissed)

    NUMSA OBO KUBANE & 72 OTHERS v KEWBERG CABLES AND BRAIDS (PTY) LTD (LC). Summary: Settlement agreement interpretation of agreement parol evidence rule considered whether claim for unpaid remuneration settled by way of agreement agreement does not dispose of salary claim claim still competent. Unpaid salary claim section 77 of BCEA considered Court has jurisdiction to adjudicate claim for unpaid salary constitutes a claim arising out of an employment contract. Unpaid salary claim brought in terms of application proceedings factual dispute resolved on basis of Plascon Evans test proper factual basis for claim claim succeeds. Lis pendens principles considered dispute referred to bargaining council distinguishable and different cause of action current proceedings to enforce settlement agreement competent

    MERAFONG CITY LOCAL MUNICIPALITY v CCMA (LC). Summary: CCMA arbitration proceedings Review of award of arbitrator principles considered test for review s 145 of LRA 1995 issue of jurisdiction regarding whether dismissal exists reasonable outcome test does not apply review considered on the basis of a de novo determination of what is right or wrong. Dismissal expiry of fixed term contract of employment fixed term contract automatically terminated does not constitute dismissal as contemplated by section 186(1)(a) no reliance placed on section 186(1)(b) dismissal not proven. Fixed term employment contract provisions of Municipal Systems Act considered fixed term employment contract contemplated by such Act provisions of sections 56 and 57 considered and applied

    SPHIWE MWELI v MTN GROUP MANAGEMENT SERVICES (PTY) LTD (LC). Summary: A referral in terms of section 191 of the Labour Relations Act, 1995. It remains the duty of an employer to avoid a no-fault dismissal. Dismissal for operational requirements is a no-fault dismissal and should be applied as a measure of last resort. Where an employer has vacant positions at the time of dismissal, it cannot be said that the dismissal is the measure of last resort. Held (1): The dismissal of the applicants is procedurally fair but substantively unfair. Held (2): The respondent is ordered to re-employ the first applicant to a post equivalent to the one he held prior to his dismissal. Further to pay as compensation to the second applicant an equivalent of 12 months salary. Held (3): There is no order as to costs.

    THABO SERAKALA v. NATIONAL BARGAINING COUNCIL FOR THE ROAD FREIGHT, LOGITSICS INDUSTRY. (NBCRFL) (LC). Summary: Review application - CCMA arbitration proceedings review of proceedings test for review s 145 of LRA 1995 arbitrator failing to follow applicable provisions of Code of Good Practice failure to allow applicant a lay person an opportunity to ask all questions as such committing material error of law award reviewable-reinstatement-backpay.

    MEC FOR THE DEPARTMENT OF HEALTH, WESTERN CAPE v PROFESSOR A R COETZEE & 49 OTHER (LAC). Summary: Interpretation of collective agreement Western Cape Provincial government entering into an agreement with UCT and Stellenbosch University in terms of which university staff rendered clinical services at state hospitals - a collective agreement providing for the payment of a scarce skills allowance to health professionals was concluded in accordance with the constitution of the bargaining council - the respondents employees claim the scarce skills allowance which they allege is owing to them in terms of a collective agreement - the appellant contends that the employees fall outside the registered scope of the bargaining council, are not public service employees and are consequently not entitled to the benefits of the collective agreement. Held that these special contractual provisions leave no doubt that the principal and chief specialist positions are posts which have been created for the normal and regular requirements of the relevant hospital departments and as such are part of the fixed establishment as defined in section 1 of the PSA. They are central to the functioning of a teaching hospital and confer clinical responsibilities on the incumbents. The employees accordingly hold posts on the fixed establishment and are part of the public service. They are thus employees of both the university and the public service falling within the registered scope of the bargaining council by virtue of their holding those posts with the result that the collective agreement applies to them in terms of clause 2 and they are entitled to the allowance payable under clause 3. Labour Court judgment upheld â€Å" Appeal dismissed with costs.

    VINCENT DLAMINI v TSHWANE UNIVERSITY OF TECHNOLOGY (LC). Summary: Pre-dismissal arbitration in terms of the Arbitration Act. Strict test on review applies - Preparation of Court file. Court file to be properly prepared and paginated. The onus to do so rests on the Applicant. Bias - alleged as a consequence of favours done for the Arbitrator during the course of the arbitration which were known to the Applicant No objection raised at the time and misconduct not sustainable on this ground.

    TRISTYN NAIDOO v STANDARD BANK SA LTD (LC). Summary: Urgent interdict â€Å" Jurisdiction of an employer to discipline an employee post resignation with immediate effect.