Posts by Ubuntu Resource Management

Employment and Labour minister Thulas Nxesi says his department is in the process of finalising two new documents which will tighten employment laws, including limitations on the hiring of foreigners. Nxesi was responding to complaints by truck drivers this week which led to a major blockage of the N3 highway. One of the key complaints…

A benefits dispute Eskom implemented its income differentials decision in compliance with the provisions of the income differentials of the EEA.  The employee was eligible to have her salary adjusted in terms of the income differentials exercise. Eskom’s system failed to identify her as an eligible employee and her salary was consequently not adjusted.  Eskom…

NEHAWU obo N Phathela v Office of the Premier: Limpopo Provincial Government and Others (LC) (unreported case no J1480/2021, 7-2-2022) (Tulk AJ) The Protected Disclosures Act 26 of 2000 (PDA), colloquially known as the ‘Whistle-blowing Act’, provides protection to whistle-blowers in the private and public sector who disclose information regarding unlawful or irregular conduct by…

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)…

Bakenrug Meat (Pty) Ltd t/a Joostenberg Meat v CCMA and Others (LAC) (CA8/2020, 18-1-2022) (Davis JA with Savage AJA and Waglay JP concurring). The appellant’s business involves producing and selling a range of meat products.  It employed the third respondent employee as a sales representative in October 2013. In October 2016, the employer became aware…

In Mosikili v South African Board of Sheriffs [2022] 2 BLLR 197 (WCC), the applicant, a Sheriff falling under the jurisdiction of the South African Board for Sheriffs (the respondent), was found guilty on a slew of charges for misconduct. The respondent’s Disciplinary Committee recommended that the applicant be barred from acting as a Sheriff.…

While there have been moves from the legislature to combat violence and harassment in the workplace, in many respects, the South African legislative framework was seen as falling short until Friday, 18 March 2022.  The Code creates a greater obligation on employers to counteract the devastating effects of violence and harassment in the workplace and…