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

The 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...

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Lay-off and short-time in collective agreement

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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Unauthorised absence: Reinstatement not retrospective

There 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...

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Expelled full-time shop steward not demoted

The 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...

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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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Effect of suspensive or resolutive vetting condition

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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