Posts Tagged ‘Labour Court’
Dismissal Under the Guise of Operational Requirements
In the matter of LEKALAKE V EOH MTHOMBO (PTY) LTD [2025] JS895/19 LC, the Labour Court’s ruling highlighted the importance of fair retrenchment procedures in South Africa. The case involved a consultant who was dismissed in 2019 due to alleged operational requirements. However, the Court found the dismissal to be substantively unfair and ordered the employee’s reinstatement with…
Read MoreRetrenchment and severance pay in South Africa – what employers and employees need to know
A recent Labour Court case found that some employers could be exempt from paying severance to retrenched employees if they can demonstrate that they helped secure alternative employment with a new employer. However, this is only under very specific circumstances—specifically, where the employer swiftly takes action and actively secures the new job. Legal experts at…
Read MoreCostly Negligence
In a landmark ruling in Mogale and Another v National Health Laboratory Services (JS958/2019) [2024] ZALCJHB 362 (13 September 2024), the Labour Court awarded damages in favour of the National Health Laboratory Services in the amount of R22,477,891.70. This decision marks a significant victory in holding executives accountable for their actions and highlights the importance…
Read MoreIs any agreement capable of enforcement under the Labour Relations Act
Under section 158(1)(c) of the Labour Relations Act 66 of 1995 (LRA), the Labour Court has jurisdiction to, inter alia, make an arbitration award or any settlement agreement an order of court. Over the years, there has been much debate and conflicting judgments on whether a wide or narrow interpretation of “any settlement agreement” should…
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