DID THE COMMISSIONER OVERSTEP HIS AUTHORITY?
In the case of NUM OBO MPETE AND OTHERS V MATYOLO AND ANOTHER (JR 755/2019) [2023] ZALCJHB 62 (14 MARCH 2023) the employees were dismissed in December 2017 for participating in an unprotected strike. The employees referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA). The dispute remained unresolved after…
Read MoreSELECTION CRITERIA: WHAT IS FAIR?
In the case of Koprindjiyska v 80 Westcliff (Pty) Ltd t/a Four Seasons Hotel (JS 994/20) [2022] ZALCJHB 325 (22 November 2022), an employee of the Four Seasons Hotel, employed as a Housekeeping Supervisor, sought an order by the Labour Court (LC) to declare her retrenchment as substantively and procedurally unfair. The employee was retrenched…
Read MorePAIA COMPLIANCE: IS YOUR WEBSITE READY?
If you need to become compliant Darran Ledden Incorporated Attorneys can assist you! Introduction: The Promotion of Access to Information Act (PAIA) is legislation that promotes transparency and accountability by granting individuals the right to access information held by public and private bodies. Private bodies, including businesses and organizations, have specific obligations under PAIA, and recent updates have…
Read MoreSpotlight on Dual Employment
Multitasking is often celebrated as a virtue, but a ruling by the Labour Court has cast a spotlight on the complex interplay between the rights of employees to seek additional employment, and their fiduciary duties to their primary employers. The Labour Court recently held that an employee violated her fiduciary duty and her employer’s policies…
Read MoreBoardrooms are not courts: The decriminalised approach to workplace discipline
Misconduct is inevitable in every workplace, but not each instance of misconduct is always addressed as the disciplinary process can feel overwhelming. Recently, a few judgments have pronounced on the concept of a decriminalised approach. The case law supports an approach to discipline that has changed from the archaic ‘criminal justice model’ to the post-constitutional…
Read MoreBad advice not a basis to set aside an agreement
In Ephraim Mogale Local Municipality v Hlongwane NO and Another [2023] 9 BLLR 898 (LC), the employee was employed by Ephraim Mogale Local Municipality (the Municipality) as municipal manager. The Local Government: Municipal Finance Management Act 56 of 2003 (the MFMA) imposes several responsibilities on municipal managers to ensure that effective and transparent systems of financial…
Read More“ALL PARENTS OF WHATEVER STRIPE”: CHANGING THE LANDSCAPE OF PARENTAL AND MATERNITY LEAVE
On 25 October 2023, the Gauteng High Court per Sutherland DJP handed down judgment declaring the provisions of the Basic Conditions of Employment Act, 75 of 1997 (“BCEA”) relating to maternity-, parental-, adoption- and commissioning parental leave and the relevant provisions of the Unemployment Insurance Act, 63 of 2001 (“UIA”) unconstitutional and invalid for falling…
Read MoreCan a sexual harassment claim prescribe?
There is a SePedi maxim that says “Molato ga o bole’’, which is loosely translated to mean that there is no prescription for unlawful acts, regardless of the time that has passed since the unlawful act in question was committed. In LM v South African Broadcasting Corporation (SOC) Limited, the High Court had to consider whether a sexual…
Read MoreRELIGIOUS FREEDOM AND OPERATIONAL REQUIREMENTS: WHICH ONE SHOULD PREVAIL?
Culture is the sum total of the beliefs and traditions of a particular society and religion is a manifestation of culture, not the reverse.”[1] Religious and cultural belief systems go to the very core of a human being. They are interwoven with a person’s day to day living. Employers are often called upon to strike…
Read MoreDesignated Employers Beware of Phishing Emails
In today’s digital age, cyber threats have become an ever-present danger for individuals and organizations alike. Phishing emails, in particular, continue to be a common tactic used by cybercriminals to deceive unsuspecting recipients and gain unauthorized access to sensitive information. Recently, the Department of Employment and Labour issued a warning regarding a specific phishing email…
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