Archive for September 2021

The rights and responsibilities of employers and employees alike are customarily embodied in the age old “control test” developed from an early stage in South African jurisprudence. Control and supervision of a particular person (the Employee) by another (the Employer), in various respects, has long been a defining characteristic of the common employer-employee relationship. Arguably…

Employment law places a high premium on honesty.  The foundation of the employment relationship is trust and confidence.  Where this foundation is damaged, the parties cannot be expected to continue with the employment relationship.  The case of Mothiba v Exxaro Coal (Pty) Ltd t/a Grootgeluk Coal Mine considers the consequences of dishonesty and misrepresentation by an employee. …