Category: 2014 and earlier

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...

Read More

Profit share: contractual claim in Labour Court

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Review jurisdiction: Proof of employment

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Management function: matching with remuneration

Department of Correctional Services (WC) v Denosa (CA7/13) [2014] ZALAC 76  [2015](18 December 2014) per Tlaletsi DJP [Ndlovu JA and Coppin AJA concurring] The Labour Appeal Court disallowed the appeal.  LAC Summary:...

Read More

Dishonesty: meaning and shades of grey

Anglo Platinum (Pty) Ltd ( Bafokeng Rasemone Mine) v De Beer (JA 65/13) [2014] ZALAC 82; [2015] 4 BLLR 394; (2015) 36 ILJ 1453 (15 December 2014) per  Kathree-Setiloane AJA [Waglay JP & Dlodlo AJA concurring] LAC summary:...

Read More

Training agreement: Failure to prove dismissal

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Insolent insubordinate behaviour: Unacceptable but breach?

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Strike: unprotected as refusal to bargain

Num v Wanli Stone Belfast (Pty) Ltd [2015] 3 BLLR 286; (2015) 36 ILJ 1261 (LAC) per Musi JA [Waglay JP and Dlodlo AJA concurring] The right to strike is not absolute.  There are limitations.  The more complicated issues are...

Read More

Operational requirements: unjustifiable reason for dismissal

Num v Black Mountain Mining (Pty) Ltd (CA22/2012) [2014] ZALAC 78 (10 December 2014) per Francis AJA [Waglay JP and Dlodlo AJA concurring] LAC Summary: Dismissal for operational requirements – employer dismissing employee based...

Read More

Management directive: binding contract not concluded

Eskom Holdings Ltd v Solidarity  obo Hutchings (CA19/11) [2014] ZALAC 84 (10 December 2014) per Waglay JP [Musi and Dlodlo AJJA concurring] On appeal the Labour Appeal Court set aside the judgment of Steenkamp J in the Labour...

Read More
Loading