Archive for May 2022

Stein v Minister of Education and Training and Others (LC) (unreported case no J415/20, 14-5-2020) (Mahosi J) In terms of s 34(1) of the Basic Conditions of Employment Act 75 of 1997 (BCEA), the employer may make deductions from the employee’s salary under the following circumstances, if – o        the employee agrees in writing to the…

Sephai v Barloworld Transport (Pty) Ltd (LC) (unreported case no JS411/16, 14-12-2021) (Mabaso AJ) In terms of Labour Relations Act 66 of 1995 (LRA), a strike action must comply with substantive and procedural requirements. The LRA makes a distinction between a protected and unprotected strike action. Certain rights are afforded to employees who participate in…

In the arbitration between Ms Cecilia Bessick (Applicant) and Baroque Medical (Pty) Ltd (Respondent),  the Commissioner had to determine whether the Applicant was unfairly retrenched based on her refusal to vaccinate  (in light of a mandatory vaccination policy) and whether she was entitled to severance pay. The facts in this matter are relatively simple. The…

Where the consulting parties have agreed on the selection criteria to be used, the employer is obliged to implement the criteria.  However, where no agreement can be reached between the consulting parties, the employer is obliged to use criteria that is fair and objective.  This legal position has been crystallised by the Constitutional Court (CC)…