Posts Tagged ‘labour courts’
Absenteeism
In the matter of MURRAY AND ROBERTS CEMENTATION (PTY) LTD V AMCU OBO DUBE AND OTHERS (JA96 / 2022) [2023] ZALAC 26 (18 OCTOBER 2023), the complexities of workplace absenteeism and disciplinary procedures were highlighted. The employee, an artisan assistant electrician employed since 17 January 2018, was dismissed on 7 November 2019, following a disciplinary…
Read MoreWITHDRAWAL OF A RESIGNATION
In the case of MOHLWAADIBONA V DR JS MOROKA MUNICIPALITY (J718/21) [2022] ZALCJHB 91 (18 MARCH 2022), the employer, which is a municipality, was placed under administration. Following this, due to ill health, the employee submitted his resignation immediately. He addressed the resignation letter to the acting Municipal Manager at the time. After sending the resignation letter,…
Read MoreCourt tells Woolworths to reinstate worker after claiming faked sick notes
The court said evidence provided by Woolworths did not meet legal standards as it failed to show the employee knew the doctor was fraudulent A recent judgment by the Labour Appeal Court (LAC) has raised the bar for companies to provide evidence of employees fabricating sick notes to justify their dismissal. The ruling compelled retail…
Read MoreDispute settlement agreement at CCMA rendered restraint of trade annulled
The Labour Appeal Court had to determine whether a settlement agreement concluded at the CCMA, extinguished the rights of the employer in so far as it related to a restraint of trade agreement. The restraint agreement provided as follows: 1. In the event of the termination of my employment with the COMPANY for any reason…
Read MoreUnfairly barred from employment because of a criminal record
Individuals with a criminal record may be faced with significant challenges when seeking employment. In South Africa, employers may legally exclude an applicant from consideration for LexisNexis. As part of the recruitment process, LexisNexis required Mr O’Connor to declare whether he had ever been criminally charged. Mr O’Connor confirmed that he had been convicted, but…
Read MoreMisconduct in the workplace: Managing labour relations
Recent rulings in cases such as Mondry Ngobeni and 51 Others v Interspray Durban CC [2024] JS739-18 (LC) and SARS v CCMA [2024] JR 2223-20 (LC) offer valuable insights for employers navigating the complexities of labour relations and misconduct. The Mondry case In Mondry, the employer was experiencing a decline in business and proposed alternatives to retrenchment for employees,…
Read MoreLABOUR COURT JUDGMENT SENDS A STRONG MESSAGE TO UNIONS AND CCMA COMMISSIONERS AHEAD OF THE NEW YEAR
In one of the first reportable judgments of 2024, SAA v NUMSA & SACCA, the Labour Court has sent a strong message to Unions which litigate in the Commission for Conciliation, Mediation and Arbitration (“CCMA”) and CCMA Commissioners who consider preliminary issues in the CCMA. Background Facts During December 2019, SAA was placed in voluntary business rescue, as…
Read MoreSELECTION CRITERIA: WHAT IS FAIR?
In the case of Koprindjiyska v 80 Westcliff (Pty) Ltd t/a Four Seasons Hotel (JS 994/20) [2022] ZALCJHB 325 (22 November 2022), an employee of the Four Seasons Hotel, employed as a Housekeeping Supervisor, sought an order by the Labour Court (LC) to declare her retrenchment as substantively and procedurally unfair. The employee was retrenched…
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