Posts by Ubuntu Resource Management

In a milestone judgment has been handed down on by the labour appeal court (“LAC”) in  MOTOR INDUSTRY STAFF ASSOCIATION OBO LANDMAN V GREAT SOUTH AUTOBODY The legal position in relation to retirement and dismissal based on age in terms of section 187(2)(b) of the Labour Relations Act, 66 of 1995 (“LRA”) has finally been…

Discrimination on religious grounds based on the inherent requirements of the job is fair In Ismail v Life Entabeni Hospital, the Commission for Conciliation, Mediation and Arbitration (“CCMA”) had to decide whether an employee had been unfairly discriminated against on the basis of her religion as a result of the employer’s “bare below the elbow” policy…

The recent announcement of the resumption of load shedding throughout the country may have severe implications for business and labour relations. Employers and employees should know their rights and duties during periods of interrupted power supply. Employers need to ensure that they comply with labour law requirements while at the same time, implementing measures to…

As the Supreme Court of Appeal (SCA) noted in Economic Freedom Fighters and Others v Manuel [2021] 1 All SA 623 (SCA) (Manuel)), social media platforms like Twitter, Facebook and others, have provided ordinary members of society with publishing reach beyond print and broadcast media’s capabilities.  There is no doubt a direct correlation between the increase in…

‘Length of service’ is not an arbitrary ground as contemplated in section 6(1) of the Employment Equity Act. Discrimination based thereupon does not amount to unfair discrimination.  PREMIER FMCG (PTY) LTD T/A BLUE RIBBON BAKERY V FOOD AND ALLIED WORKERS UNION OBO MEMBERS AND OTHERS (C530/2019) [2022] Case summary  Blue Ribbon appealed in terms of…

In CS and Another v Swanepoel and Others [2022] 7 BLLR 660 (WCC) the second plaintiff in this matter, hereinafter referred to as the complainant, instituted a claim for damages alleging that when she was 12 years old she was raped in the staff toilet by the acting principal of the Vleiplaas Primary School.  She instituted her…

In Air Liquide (Pty) Ltd v Nkgoeng NNO and Others [2022] 7 BLLR 636 (LAC), the employee was absent from work and was contacted by the branch manager regarding his whereabouts.  The employee claimed that he was in fact on site and gave a description of his whereabouts, but his branch manager could not find him…

It is fairly common practice to allow employees to work beyond their retirement age. But what if such employees want to hang on to their job indefinitely? And to what extent are post-retirement employees protected against unfair dismissal? The law In terms of section 187(1) of the Labour Relations Act (LRA), dismissal of an employee…

Newly amended Employment Equity (EE) Act to aid workplace transformation in SA to come into operation on 01 September 2023 The amended Employment Equity (EE) Act of 1998 to empower the Employment and Labour Minister to regulate sector specific EE targets and to regulate compliance criteria to issue EE Compliance Certificate in terms of Section…