On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.
Holistic approach needed: Just treatment of employees
Holistic approach needed by senior management and a decision-making framework that ensures decisions are economically, environmentally and socially sound i.e. the triple bottom line. In particular this applies when it becomes necessary to end an employment...
read moreUnbalanced convenience assessed: Leave to appeal granted
Justice Brian Mashile has granted Old Mutual leave to appeal to a full bench of the high court against the ‘reinstatement order’ he made on 30 July 2019 following Peter Moyo’s interim application based on an alleged breach of contract and unlawful dismissal after he...
read moreIndustrial action amendments: Strategy and tactics
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, email us and we’ll arrange to give you...
read moreAussie Uber contractors: No employment relationship
Aussie Uber contractors: According to a recent report in Accountancy Daily an Australian court has ruled that Uber drivers should be treated as contractors for tax and employment purposes and not as employees. This is a ‘landmark decision which could have...
read moreDunning-Kruger effect: Blissful ignorance
Given what has been happening in South Africa recently it may be worthwhile to give some thought to the Dunning-Kruger effect that is enjoying a great deal of worldwide attention. Imposter syndrome According to RationalWiki “the Dunning-Kruger effect (also known...
read moreBipolar contractual model: Vulnerable Uber drivers
Uber v Aslam Uber drivers in the United Kingdom have been held by the Court of Appeal in Uber B.V. ("UBV") & Ors v Aslam & Ors [2018] EWCA Civ 2748 to be ‘workers’ for the purposes of the national minimum wage and paid holidays. Journal article In an important...
read moreAnton Steenkamp remembered: Tragic loss to community
Anton’s friends and colleagues have been devastated by his untimely death at the age of 57 whilst travelling through Africa, more particularly Zambia, after he was bitten by a Mamba. We express our sincere condolences to his wife Catherine and the family and will keep...
read moreReviewing CCMA awards: Answering seven questions
When reviewing CCMA awards in terms of s 145 of the LRA there is a distinct likelihood of an award being reviewed and set aside if any one of these seven crucial questions is not answered in the affirmative. Whilst these are not the only questions they are accepted as...
read moreGenuine pay differentials: A simple fix required
Garbage in and out It is said that 'garbage in, is garbage out' and we are in real danger of not measuring genuine pay differentials. Employers are currently being forced to report wages paid to employees at seven occupational levels. But, if the ‘benchmarks’ in the...
read moreCCMA rules compared: Changes from old to new
What has changed CCMA rules compared after various inquiries were made to find out how the amended CCMA Rules have changed since 2015. Unfortunately it has not been possible to show the changes in this post but click on the link to discover precisely what changes...
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