On this page, we provide our insights about the latest judgments. We share our thoughts and make connections between them.
Unscientific job evaluation: Stones and disappearing scorpions
Today I happened upon a post in the blog of the Energy Research Centre (ERC) on 5 June 2017 recording with great sadness that Bill Cowan had passed away. Bill Cowan (right) with colleagues Patrick van Sleight and Gamieda Gierdien in 2003. I remembered that name...
read moreLabour 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 JANUARY 2019] (English text signed by...
read moreReview requirements outlined: Necessary steps and procedures
Review requirements outlined here in a post intended to assist practitioners in knowing and understanding the specific relevant requirements of the LRA, the LC Rules and the LC Practice Manual. In addition templates are included for Forms 1 and 4. Hopefully at some...
read moreLC Practice Manual: Effective from April 2013
As explained in the introduction the LC Practice Manual is similar to other manuals in divisions of the high court and aims to promote access to justice and consistency in practice and procedure and to set guidelines on the standards of conduct expected of...
read moreCan errors and ignorance of law be excused?
As a legal practitioner and teacher of the law relating to the ‘world of work’ at university level for nearly 40 years I feel duty-bound to comment adversely on recent developments in the constitutional court concerning my field of expertise. I felt obliged to...
read moreService level agreements: Providing services or performing work
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 moreFairness 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 have proved that they were employed and...
read moreParental leave introduced: Effective from January 1, 2019
Parental leave introduced with effect from 1 January 2019 ito the Labour Laws Amendment Act 10 of 2018 (published in GG 42062 in vol 641 on 27 November 2018: 1305) brought into effect on 12 December 2018 (vol. 642 12 December 2018 Reg Gazette No. 42103) Insertion of...
read moreAmended CCMA Rules: Effective from January 1, 2019
Amended CCMA Rules have been published in the Government Gazette and take effect on January 1, 2019 and are repeated here for easy reference. DEPARTMENT OF LABOUR: NOTICE 776 OF 2018 (42092) Labour Relations Act (66/1995): effective from 1 January 2019 RULES FOR THE...
read moreDependence and equality: Natural and impossible
“Constituted as it is, the human race cannot exist without vast numbers of workers who have no property at all, for certainly a man in easy circumstances will not leave his own land to cultivate yours; and if you want a pair of shoes you'll not get a lawyer to make...
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