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  • Latest News from the Blog

    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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    • The role of directors in the age of cybercrime
      The exponential development of technology in recent years has meant that cybercrimes are no longer just an occurrence in Hollywood movies. South Africans have been the victims of numerous cyber-breaches exposing their personal information as was the case with... READ MORE

    • Are you ready for Black Friday?
      With the #BlackFriday craze coming up, so does the issue of 'grey goods'. This article aims to discuss the legality behind parallel importation and the sale of grey goods. What is 'parallel importation' and so-called 'grey goods'? Parallel importation can be defined... READ MORE

    • Similar fact evidence in arbitration proceedings
      The question as to what constitutes hearsay evidence and when it is admissible in arbitration proceedings in the CCMA or a bargaining council has been the subject of consideration in numerous arbitration awards and court decisions. The question whether 'simil... READ MORE

    • Be careful when contracting with a trust
      A recent Supreme Court of Appeal (SCA) judgment has again raised warnings about the implications of not complying with statutory requirements when buying and selling immovable property, as well as not ensuring that important procedures are followed when one of... READ MORE

    • An introduction to intellectual property with KISCH IP
      There are various forms of Intellectual Property (IP) protection and the main forms being patent, design, trade mark and copyright protection. Depending on the nature of your product and/or service one or more of these forms of IP may apply. Of course, you cannot... READ MORE

    Latest Cases from the Blog

    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.

    TIRELO EMERGENCY MEDICAL SERVICES v MASHALANE, ROBERT TLAU (LC). Rescission application - Labour Relations Act 66 of 1995 as amended - Section 165 read with Labour Court Rule 16A - The Labour Court granted default judgment against the applicant - the applicant was unaware of that the respondents had served their statement of claim on it. Applicant applied for rescission of judgment but did not state the basis for its application. The basis could be read into the application - Rule 16A(2)(b) on the basis that the applicant dealt with why it was not in wilful default, it had a bona fide defence and the application was made within 15 days of the applicant becoming aware of the judgment against it. Applicant - explanation for the default is weak but it showed a defence which prima facie carries some prospects of success on the merits. Application granted.

    NEHAWU v NORTHWEST UNIVERSITY: MAFIKENG CAMPUS (LC). Dismissal for operational requirements - employer has no obligation to consult with individual employees when it has consulted with their trade union - the employer has a statutory obligation to consider alternatives in order to avoid retrenchment - filling a vacant post with an affected employee is one of the measures to avoid retrenchment.

    KWS CARRIES v NBCRFLI (LC). Summary: Review application - breach of a Zero Tolerance Policy on alcohol is a serious misconduct - heavy load truck driver testing positive for alcohol following a breathalyser test - dismissal is justifiable.

    FREE STATE DEVELOPMENT CORPORATION v PSA OBO MR MORAKE KITH KGOKOTLI (LC). Summary: Review application - misconduct for causing appointment of incorrect service providers and contrary to the board resolution failure to discover the audio recording of the Board meeting was fatal to the applicants case.

    LEGAL AID SOUTH AFRICA v DANIEL CORNELIS THEUNISSEN (LAC). Breach of contract - specific performance - employee contending that employer unlawfully terminating his contract when he reached the retirement age of 60 - employer amending terms and conditions that set the retirement at 60 - employee submitting that in terms of his terms and condition of employment the retirement age is 65- court holding that the determination of the dispute revolves around the interpretation of the employers terms and condition governing the employment - court finding that: In the absence of any express entitlement to retire at the age of 65 years in employees letter of employment, the position applicable to him was governed by Legal Aid SAâs terms and conditions, as amended. Once the 2007 terms and conditions had been revised, employee no longer had any entitlement to retire at 65 years. Instead, the retirement age was set at 60 years in the revised terms and conditions. It follows that employees retirement age is 60 years, as governed by the 2009 and subsequent terms and conditions, as his individual contract of employment does not fall within the narrow ambit of the savings clause. In the light of employees failure to object, and the extensive consultative processes that Legal Aid SA undertook in putting in place the 2009, 2012 and 2015 terms and conditions, the contention that the retirement age was altered unilaterally lacks foundation. Appeal upheld and Labour Courts judgment set aside.

    NEHAWU OBO EPHRAIM MADIRA RAMADIKELA v DEPARTMENT OF HOME AFFIARS (LC). Review application in terms of section 145 of the LRA - application of section 144(2)(b) and a commissioner's powers to rescind or vary an arbitration award - variation constituting a new arbitration award - commissioner exceeding his powers in terms of section 144(2)(b) - varied award reviewed and set aside.

    PASSENGER RAIL AGENCY OF SOUTH AFRICA v CCMA (LC). Interpretation and application dispute - Commissioner cannot assume jurisdiction to arbitrate an interpretation and application dispute relating to a settlement agreement outside of section 24 of the LRA. Section 198B - Indefinite employees not entitled to rely on section 198B in seeking to secure benefits or equal treatment with fellow employees. Commissioner committed an error of law and/or gross irregularity by applying the remedies available under the unfair labour practice provisions to a section 198B dispute.

    GRAHAM GOLIATH v ROCKLANDS POULTRY LOSS CONTROL/SOVEREIGN FOODS (LC). The arbitration award in terms of which the applicant was retrospectively reinstated constitutes a debt to which the provisions of the Prescription Act 68 of 1969 are applicable. The period of prescription starts running when the applicant is dismissed and interrupted when the dismissal dispute is referred to the CCMA for conciliation. To the extent that there was no application to review the arbitration award, interruption of prescription ceased when the award was issued. The award gave rise to a new period of prescription of 30 years. When the applicant filed this application, his award had not prescribed and is still enforceable