Category: 2015

Risk management: Reversing disciplinary decision

Disciplinary codes and procedures need to be carefully drafted to ensure that senior management has the final say when enforcing standards of behaviour and performance. The employee made an unacceptable racist remark.  He...

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Learners: Fundamental right to protection

Savage AJA in GAG v Education Labour Relations Council (CA12/2014) [2015] ZALAC 50 (23 October 2015) at paras [1] and [2] with some footnotes omitted. [1]     Our Constitution provides that ‘(e)very child has the right to …be...

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Back-pay claim prescribed: Contractual claim

The Labour Appeal Court allowed the appeal and set aside the order of Gaibie AJ in the Labour Court – Numsa obo Fohlisa v Hendor Mining Supplies [2014] 2 BLLR 185; (2014) 35 ILJ 1347 (LC) cited at page 528 in Du Toit et al...

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Contract: Sign-on bonus enforced

Renaissance BJM Securities (Pty) Ltd v Grup (JA60/2014) [2015] ZALAC 48 [2016] 2 BLLR Feb (LAC) (17 November 2015) per C J Musi JJA [Tlaletsi DJP and Ndlovu JA concurring] The LAC disallowed the appeal and upheld the judgment of...

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Territorial jurisdiction: CCMA extends to London

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,...

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Employer flawed approach: Protection not punishment

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Collective bargaining: Advisory award required

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