Category: 2013

Benefits unfair conduct: Now capable of challenge

The Labour Appeal Court has provided a broader interpretation to the concept of ‘benefits’ and potentially opened the flood-gates to claims by employees based on unfair conduct.  Shamier Ebrahim, an advocate and law lecturer at...

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Benefits: unfair conduct LRA 186(2)

A company facing economic difficulties initiates an early retirement scheme (the scheme) for monthly-paid staff between the ages of 46 and 59.   Successful applicants receive two months additional pay and an ex-gratia payment...

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Operational requirements examined: choice when conduct related

Goldfields Logistics (Pty) Ltd v Smith (JA 42/08) [2010] ZALAC 33 (24 August 2010) per Tlaletsi JA [Waglay DJP & Revelas AJA concurring] when the employer’s appeal was upheld. Employer’s appeal allowed by Labour Appeal...

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