Category: 2016

Contractual sanctity: Embraces dignity and equality

Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The recent unanimous decision of the LAC must be...

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Dominant contractual consultancy: Terms acceptable

Vermooten v Department of Public Enterprises (JA91/2015) [2016] ZALAC 63 ; [2017] 6 BLLR 606; (2017) ILJ 607 (14 December 2016) per Landman JA (Waglay JP and Ndlovu JA concurring) The appellant appealed against the setting aside...

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Interpreting collective agreement: Lay-off and short-time

Vanchem/Vanachem Vanadium Products (Pty) Ltd v Numsa (JA33/16) [2016] ZALAC 62 ; (2017) ILJ 926 (8 December 2016) per Tlaletsi DJP (Coppin and Landman JJA concurring) The LAC allowed the employer’s appeal and set aside the...

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Unreasonable award considered: Straining limits

G4S Secure Solutions (SA) (Pty) Ltd v Ruggiero NO (CA2/2015) [2016] ZALAC 55 ; (2017) ILJ 881 ; [2016] JOL 37028 (25 November 2016) per Savage AJA (Waglay JP and Landman JA concurring) The LAC allowed the employer’s appeal and...

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Considering unauthorised absence: Reinstatement ordered

Pick n Pay Retailers (Pty) Ltd v Saccawu obo Mzazi (CA19/2015) [2016] ZALAC 56 (25 November 2016) per Savage AJA (Waglay JP and Landman JA concurring) There is little doubt that there was a valid reason to dismiss the employee...

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Expelling shop steward: Demotion not proved

Mhlekude v South African Airways (Soc) Ltd (PA5/15) [2016] ZALAC 59 (2017) ILJ 577 (LAC) (24 November 2016) per Landman JA (Coppin JA and Phatshoane AJA concurring) The LAC disallowed the appeal and upheld the order of Van...

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Base dismissal on sound operational grounds

The LAC disallowed the employer’s appeal and upheld the finding that the employee had been substantively and procedurally unfairly dismissed, but amended the retrospective reinstatement order slightly.  As the employee was...

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Relevant circumstances when reviewing dismissals

Commissioners must determine whether there was a valid and fair reason to dismiss but are not empowered to consider afresh what they would have done.  They simply decide whether what the employer did was fair or unfair.  In...

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Substantive unfairness: Joint consensus-seeking

All dismissals have to be procedurally and substantively valid and fair apart from being lawful.  In particular dismissals related to conduct and capacity require employers to prove the validity of the reason and then that it...

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Interpreting vetting condition: Suspensive or resolutive?

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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