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  • Latest News Blog

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

    Cyrils target of 270,000 new jobs annually inadequate, up to 400,000 needed

    The Citizen reports that according to a labour expert, close to 400,000 jobs must be created per year, with both the government and the private sector playing active roles in the process, or the country will face many more strikes.  

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    Court orders security company to pay R2.3m to provident fund but ex-employees still dont know how they will get their money

    gavel thumb100 GroundUp reports that the Western Cape High Court has granted an order compelling the owner of a Sea Point security company to pay outstanding provident fund contributions of at least R2.3m.  

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    SAs unemployment moderated in the 2018 fourth quarter, but thats no cause for celebration

    Stats SAFinancial Mail reports that SAs sky-high unemployment rate moderated to 27.1% between the two final quarters of 2018, thanks mainly to a surge in formal sector employment over the festive season.  

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    Widespread Cosatu protests on Wednesday targeted job security and Eskom unbundling

    cosatuBusinessLive reports that thousands of Cosatu-affiliated workers demonstrated in eight cities across the country on Wednesday, disrupting schooling and bringing traffic to a standstill.  

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    Solidarity to take legal action against BLF over Hoerskool Driehoek comments

    Solidarity2ANA reports that Solidarity said on Wednesday it would be paying charges with the police and at the Equality Court against members of the Black First Land First (BLF) movement on behalf of several of the parents of the victims of the recent Hoerskool Driehoek disaster.  

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    Two Welkom miners shot dead on Wednesday on way to work

    gunEWN reports that police have confirmed that two mineworkers have been shot dead in Welkom, Free State.  

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    Western Cape records lowest unemployment rate in the country in 2018 fourth quarter

    westerncapeANA reports that Statistics SAs quarterly labour force survey data for the fourth quarter of 2018, released on Tuesday, showed that the Western Cape created 29,000 new jobs over the past year and 26,000 between October and December last year.  

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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.