Project based work: No absolute right to work
Farinha v Boogertman and Partners In context of project based work and bumping at senior management and professional management level the labour court mentioned that the applicant may well have been similarly qualified and enjoyed similar experience to another...
BCEA earnings threshold: R211,596.30 from 1 March 2021
Upwards adjustment of earnings threshold from next month. In terms of GNR 77 in Government Gazette GG 44137 dated February 8, 2021 and with effect from March 1, 2021 employees whose annual ‘earnings’ exceed R211 596.30 (currently R205 433.30 as from 1 July 2014), ...
Affirmative action measures: Employment equity plan?
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...
Restraints unintended consequences: Enforceable and lawful?
Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a party thereto and without having any...
1988 LRA amendments: Sure recipe for conflict
Looking back on the 1988 LRA amendments there is little doubt that when the former government accepted the recommendations of the Wiehahn Commission in 1979 they failed to understand the nature and effect of what changes to the employment and labour laws would entail....
Labour market features: Balancing conflicting interests
On 14 July 1994 the then Minister of Labour, Tito Mboweni, delivered a speech to the Labour Law Conference in Durban entitled "The New Labour Market: Prospects for Accommodation and Conflict" and explained the features of the labour market that were being proposed by...
Invalid procurement regulations: Preferential procurement appeal
Afribusiness NPC v Minister of Finance Discretionary pre-qualification criteria stipulated in regulation 4 may constitute an antecedent step but as it is introduced in regulation 4 it creates an additional layer contrary to s 217 of the Constitution and s 2 of the...
Bloom taxonomy revised: Educational objectives redefined
Recently on 27 October 2020 and in a landmark decision the constitutional court stressed that in an 'ever-changing economic climate characterised by increasing global competition, operational reasons not only relate to the downsizing of the workforce, but also to...
Applying employment law: Two schools of thought
Watching the Senate debates in the USA concerning the appointment of a member of the highest court to replace the recently deceased associate judge it became noticeably clear that there are two distinct schools of thought concerning the interpretation and application...
Independent impartial judiciary: Real constitutional democracy
In a lecture reflecting on the process of achieving independence of the legal fraternity as well as the independence and impartiality of the judiciary in the SADC region, Zak Yacoob, a retired Constitutional Court judge, highlights the role of judicial impartiality...