Latest Cases

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.

THABANG MAMPANE, N.O v NUPSAW (LAC). Summary: Employee relocated due to the restructuring of the employer - employee appealing against her relocation - Commissioner delegated the authority to the Human capital manager for consideration which rejected the appeal - employee contending that the decision to refuse her appeal ultra vires and void and that commissioner did not have the authority to delegate his power

SOLIDARITY obo MEMBERS EMPLOYED IN MOTOR INDUSTRY v (AMEO) (LAC). Summary: Lawfulness of the agency shop agreement - Union contending that the conclusion of the agency shop agreement null and void ab initio as it did not comply with section 25(3) of the LRA and that any fees deduction unlawful - parties to the agency shop agreement amended the collective agreement to comply with section 25(3) - Union still contending that an agency shop agreement that does not comply with the LRA is void ab initio and cannot be amended to cure unlawful deductions made in terms thereof.

STALLION SECURITY (PTY) LIMITED v DALEEN VAN STADEN (SCA). Delict - claim for loss of support - vicarious liability of employer - employee committed murder entirely for own purposes - test is whether the delict was nevertheless sufficiently closely linked to the business of the employer - development of the law to recognise that the creation of risk by the employer is a relevant consideration in determining the required link - employer liable.

SOLIDARITY obo MEMBERS EMPLOYED IN MOTOR INDUSTRY AUTOMOBILE MANUFACTURERS EMPLOYERS ORGANISATION (AMEO) (LAC). Lawfulness of the agency shop agreement - Union contending that the conclusion of the agency shop agreement null and void ab initio as it did not comply with section 25(3) of the LRA and that any fees deduction unlawful - parties to the agency shop agreement amended the collective agreement to comply with section 25(3) - Union still contending that an agency shop agreement that does not comply with the LRA is void ab initio and cannot be amended to cure unlawful deductions made in terms thereof.



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Employment law related updates

We have recently prepared a number of employment law related insight pieces which we set out below:

We hope that you find these useful.



Latest News


LATEST ARTICLES

  • The Debt Intervention Bill signed into law
    The National Credit Amendment Bill ("the Bill"), referred to in the press as the "The Debt Intervention Bill", was signed into law in August 2019 by President Cyril Ramaphosa. The Bill is geared to advance the objectives of the National Credit Act 2005 (NCA), which... READ MORE

  • Master or servant - Who owns the fruits of labour?
    The existence of an employment relationship is a key factor in determining ownership of intellectual property (IP). It is generally accepted, in terms of our common law, that IP created by an employee in the course and scope of employment, is owned by the employer.... READ MORE

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latest cases

SOUTH AFRICAN CATERING COMMERCIAL WORKERS UNION v CHECKERS (PTY) LTD (LC). Summary: Application for leave to file a further affidavit no exceptional or special circumstances that warrant the filing of a further affidavit. Condonation application time is of the essence in individual dismissal disputes extensive delay ensuing from the trade unions inability to the pay attorneys legal fees is inexcusable condonation is refused without considering prospects of success.

AMCU SISONKE JABULA MINING (PTY) . Delivered: summary: (S 189A (13) application alleged failure to engage in meaningful consultation document detailing names, dates of employment occupations and packages of proposed retrenchees supplied as requested claim that consultation could not be properly conducted on a whole range of issues until list provided consultation on final selection of retrenchees unduly curtailed limited issues outstanding limited procedural unfairness limited compensation)

JANET RUDMAN v MAQUASSI HILLS LOCAL MINICIPALITY (LC). Summary: Urgent Application - Affidavit in support of urgent application has to be considered in its entirety in assessing requirements of urgency - Section 139(1) of the Constitution - Section 54A of the Local Government: Municipality System Act Appointment of and role of Municipal Manager - Local Sphere of government - Official appointed i.t.o ss 139(1)(b) of the Constitution has not the same powers as an administrator appointed in terms of ss 139(1)(c) of the constitution R v Blom principle.

PILANESBURG PLATINUM MINES (PTY) LTD v LISEBO LERATO PEARL RAMABULANA (LAC). Summary: Employee alleging breach of contract in that employer failed to follow process provided for in the contract of employment in terminating her services court finding that employee failed to discharge the onus that there was a breach further that employee failed to justify the quantum of damages- Labour Courts judgment set aside and appeal upheld with no order as to costs.

LETHABO MASOGA v PICK N PAY RETAILERS (PTY) LTD (LAC). Summary: Appeal against review and setting aside of arbitration award dismissed; s22B not to be used generally to determine who the employer is.

Leon Logan Appels v Education Labour Relations (LAC). Summary: Whether a bargaining council through a collective agreement can vary time period for referral stipulated for by the LRA- principle that subordinated legislation subject to empowering legislation restated- distinction must be drawn between substantive and procedural rights- subordinated legislation cannot alter substantive rights- court held that clause 9.1.3 of the constitution the ELRC that reduces the time period for referral from 90 days to 30 is clearly not in conflict with the LRA. By reducing the time period to 30 days for the sake of celerity ELRC does not take away the right of the referring party to be heard. Labour Courts judgment upheld appeal dismissed.

MBUYISENI MOSES KHAMBULE v NATIONAL UNION OF MINE WORKERS (LAC). Summary: Review of arbitration award employee dismissed for uttering to his supervisor to throw away the bag containing precious metal company rule requesting employee to inform security and management about any parcel found on its premises- employee dismissed for uttering the words to his supervisor- commissioner finding that employee guilty but that dismissal too harsh a sanction and evidence not led about the breakdown in the trust relationship- court finding that employer need not lead evidence of the breakdown of the trust relationship and that such emerges from the facts unless employee specifically dismissed for breakdown of the trust relationship. Further that evidence led by superior insufficient to determine the breakdown in the trust relationship as both employee and his superior continue working together after the words were uttered. Appeal upheld and Labour Courts order set aside and substituted with an order dismissing the review application.

Latest News

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Samwu 'notes' allegations of grand-scale looting of workers' strike fund

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No injuries or fatalities reported in Germiston train fire on Tuesday

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Samwu slams appointment of David Tembe as acting JMPD head

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Retrenchments constituted biggest share of Libertys monthly income claims in 2018

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Lonmin plans to cut 4,100 workers as it closes platinum mines

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Public Protector slates SA Weather Service for 'unlawful' appointment of manager with insufficient credentials

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Choppies CEO suspended amid legal and forensic investigations

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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

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Latest Cases

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.

LRA Amendments 2018

Labour Relations Amendments May 2018 BCEA Amendment Bill 2017;

  • BCEA Memorandom of Objects;

  • Employment Services Act 2014;

  • Labour Relations Amendment Bill 2017;

  • LRA Memorandom of Objects;

  • National Minimum Wage Bill;

  • Impact Assessment.

    Click here to download the zipped files.">


  • Legislation Update

    New Minimum Wages: Wholesale & Retail, and Farm and Forestry Worker Sectors  

    New Minimum Wages: Wholesale and Retail Sector: 01 February 2018 to 31 January 2019

    Please follow the link to download the new minimum wages

    New Minimum Wages: Farm and Forestry workers Sectors: 01 March 2018 to 28 February 2019

    Please follow the link to download the new minimum wages



    Domestic Workers

    Domestic Workers Wage Increase

    The Minister of Labour, on 15 December 2017, gazetted new minimum wage rates for the Domestic Worker Sector effective from 1 January 2018.

    To view the amended wage schedules click here.

    Hospitality Sector

    Hospitality sector minimum wage for 2017/2018 by Lloyd Ramutloa -- last modified 2017-07-03 13:11 3 July 2017 The minimum wage for South Africa's vulnerable sector of hospitality has been revised upward with effect from 01 July 2017.

    The new Hospitality Sectoral Determination which governs minimum wage rate in the sector will be effective until 30 June 2018.

    The minimum rate for employers with 10 or less employees will be a monthly wage of R3 193.12 (2016/2017: R2 959.35); a weekly rate of R736.92 (2016/2017: R689.97); and an hourly rate of R16.36 (2016/2017: R15.17).

    The new wages for employers with more than 10 employees will be a minimum monthly rate of R3 559.10 (2016/2017: R3 298.52); a weekly rate of R821.34 (2016/2017: R761.25); and an hourly rate of R18.25 (2016/2017: R16.91).

    The latest increase was arrived at using the consumer price index of 6.4 percent plus 1.5 percent. The total increase is 7.9 percent.

    Minimum Wages Farm, Forestry 2017

    Wholesale & Retail Wage Increase

    COIDA

    Compensation for Occupational Injuries and Diseases Act 130 of 1993, as amended

    Amendment of Schedule 4 of Act 130 of 1993 :
    Manner of calculating compensation
    GN 448 39931/15-04-2016
    Annual increases in medical tariffs for medical services providers
    GenN 256/GG 39955/26-04-2016
    GenN 257/GG 39956/26-04-2016
    Increase in monthly pensions
    GN 447/GG 39931/15-04-2016
    Increase of maximum amount of earnings on which the assessment of an employer shall be calculated
    GN 449/GG 39931/15-04-2016
    Rules, Forms and Particulars
    GN 444/GG 39928/15-04-2016


    Earnings threshold

    I, Mildred Nelisiwe Oliphant, Minister of Labour, in terms of Section 6(3) of the Basic Conditions of Employment Act, No. 75 of 1997, (the Act), determine that all employees earning in excess of R205 433.30 (two hundred and five thousand, four hundred and thirtythree rand, thirty cents) per annum be excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2), 18(3) of the Act with effect from 1 July 2014.

    For the purposes of this notice:

    "Earnings" means the regular annual remuneration before deductions, i.e. income tax, pension, medical and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee: Provided that subsistence and transport allowances received, achievement awards and payments for overtime worked shall not be regarded as remuneration for the purpose of this notice.

    MN OLIPHANT, MP

    MINISTER OF LABOUR

    STAATSKOERANT, 1 JULIE 2014 No. 37795 3

    This gazette is also available free online at www.gpwonline.co.za

    GOVERNMENT NOTICE