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...
Read MoreThe appellant appealed against the setting aside on review by the labour court of an arbitral award which held that the appellant was an employee and not an independent contractor or consultant. The LAC disallowed the appeal...
Read MoreThe LAC allowed the employer’s appeal and set aside the Labour Court (per Nkutha-Nkontwana AJ) judgment. The dispute concerned the binding effect of a main collective agreement relating to lay-off and short-time. Strictly...
Read MoreThe LAC allowed the appeal and set aside the order of Lallie J in the labour court. As the arbitral award was upheld by the LAC it meant that the appointment of a non-registered person was set aside and the matter referred back...
Read MoreThe LAC allowed the employer’s appeal and set aside the award. Although it was not stated in so many words it was held on the facts there was a valid reason to dismiss. But the award regarding the unfairness of the dismissal...
Read MoreThere is little doubt that there was a valid reason to dismiss the employee who failed to return to work on time after taking annual leave. But the arbiter’s decision on the fairness of the reason for dismissal was held to be...
Read MoreAn employee was dismissed almost 15 years ago on 4 June 2001 and there were 2 arbitral awards and 3 review applications in the LC. The employer appealed against the judgment of Cele J, dated 11 February 2014. The LAC allowed...
Read MoreThe LAC disallowed the appeal and upheld the order of Van Niekerk J in the LC which in turn reviewed and set aside the award. There was a binding collective agreement regarding recognition of the trade union. A full-time shop...
Read MoreThe 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...
Read MoreCommissioners 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...
Read MoreAll 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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