Posts by Ubuntu Resource Management

Due to persistent load shedding since the end of 2022, the question of payment has again been raised:  Do employers have to pay employees during periods that they cannot work as a consequence of load shedding?  We addressed the question previously, but the principles are worth repeating. Our understanding is as follows: 1.  The normal rule…

Sexual Harassment — Liability of EmployerIn Amothole District Municipality v Commission for Conciliation, Mediation & Arbitration & others (at 109) the Labour Appeal Court was satisfied that the evidence before the CCMA clearly showed that the conduct complained of was consensual, and that the employee had failed to prove sexual harassment. The employer was, in…

In National Education Health and Allied Workers Union on Behalf of Buqa v Department of Health (Western Cape) and Others (2022) 43 ILJ 2363 (LC), the employee was employed by the Department of Health (the employer) at the New Somerset Hospital. While on duty, the employee stole a backpack belonging to a patient while the patient…

National Union of Metalworkers of SA on Behalf of Dhludhlu and Others v Marley Pipe Systems (SA) (Pty) Ltd (2022) 43 ILJ 2269 (CC) In South Africa (SA), the winter season has been dubbed as the ‘strike season’ as it is the time of the year when wage negotiation disputes breakout. Section 23 of the…

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…