Category: BCEA 1997

Action cause considered: Collective agreement not contract

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Labour laws promulgated: Acts which commenced recently

For ease of reference the labour laws promulgated recently with the dates of commencement are provided herewith. BASIC CONDITIONS OF EMPLOYMENT AMENDMENT ACT NO. 7 of 2018 [ASSENTED TO 23 NOVEMBER 2018] [DATE OF COMMENCEMENT: 1...

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Fairness implies validity: Look back and then forward

It is axiomatic that fairness implies validity because otherwise employees could be dismissed for reasons that actually have nothing to do with the enterprise itself. Click for a good example of invalidity So assuming employees...

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Alleged unlawful termination: Lack of urgency

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Commission after employment: Depends on contractual terms

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Interdicting pay deductions: No work no pay principle

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Managing human resources: Outsourcing services not work

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Cost to company: Calculation of commission

Emetonjor v Kintetsu World Express SA (Pty) Ltd Unusual contractual claim in the labour court for payment of a performance bonus based on commission calculated on the cost to company but the period was in dispute and Steenkamp J...

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Fixed term cancelled: Lawfully on contractual notice

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