Tag: LRA 186(1)

Automatic termination clause: Severance pay and fixed term

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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Age discrimination considered: Discriminatory unfair dismissals

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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Implied automatic clause: Fixed-term contract?

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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Res judicata considered: collateral challenges

Nehawu obo Kgekwane v Department of Development Planning And Local Government (JA 68/13) [2015] ZALAC 5  ; [2015] 6 BLLR 575 ; (2015) ILJ 1247 (LAC) (15 January 2015) per Kathree-Setiloane AJA. LAC Summary: Review of arbitration...

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Trade union activities: Outcome of appeal

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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Labour Court: Cape judgments 2012

Courtesy of Saflii it is possible to provide free links to all but one of these recent judgments.   Apart from noting the result there are very brief head-notes with references to the applicable sections of the labour statutes....

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LAC judgments: July to September 2012

Courtesy of Saflii it is possible to provide free links to seven recent judgments of the Labour Appeal Court, including the summaries provided in the judgments themselves.   Of particular interest will be the judgments of Murphy...

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Principles of interpretation: Exceptions and provisos

Do employers have the right to end employment based solely on age when employees reach the normal retirement age for persons employed in that capacity ? A very important recent judgment of Wallis JA in the Supreme Court of...

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Discard criminal model: Justice with fairness – Steenkamp J

managers are not experienced judicial officers, but also that workplace efficiencies should not be unduly impeded by onerous procedural requirements

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Municipality managers: Serious consequences

“An appreciation of the character of the trust and confidence which is relevant in this case must have regard also to the fact that the Municipality is subject to a statutory domain which includes the control and accountability...

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Executive director: Automatic termination of employment?

“… it is accepted in labour law jurisprudence that lawfulness cannot be equated with fairness”.

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