Archive for April 2019

The Labour Court was recently required to determine whether the CCMA lacked jurisdiction to entertain an unfair dismissal dispute in circumstances where the parties agreed to refer such dispute to private arbitration. In the matter of Krean Naidoo v Liberty Holdings (JR558/16) [2019] ZALCJHB 56 (19 March 2019), the Applicant, a senior employee, was dismissed for misconduct…

In terms of s95(5)(p) of the Labour Relations Act, No 66 of 1995 (LRA) trade unions and employers’ organisations are required to conduct a secret ballot amongst its members before calling a strike or lock-out in respect of such members. The new Labour Relations Amendment Act, No 8 of 2018 (Amendment Act) sets out transitional…

In Mthembu and Others v NCT Durban Wood Chips [2019] 4 BALR 369 (CCMA), the arbitrator had to decide whether the dismissal of employees who tested positive for cannabis at work was fair. In this matter, the employees were employed in a workplace that is fraught with danger. The employer’s business involves dangerous machinery and vehicles, and…