Legal Articles and Guides
The Western Cape High Court has granted an order compelling the owner of a Sea Point security company to pay outstanding provident fund contributions totalling at least R2.3m. GroundUp reports Proexec Security Network and its owner Geoffrey Levy failed to consistently pay contributions to the Private Sector Security Provident Fund for several years.
The Constitutional Court has come to the aid of an Eastern Cape educator who was eventually dismissed more than five years after misconduct was noted by her employer. According to a Daily Dispatch report, the court set aside an earlier order by the Labour Court and found that the dismissal of Thandiwe Stokwe was procedurally unfair.
Primary school teacher Elana Barkhuizen has won her Labour Court challenge against her suspension. Yesterday, the court in Johannesburg found her suspension by the North West Education MEC Sello Lehari was flawed, as she was in the employ of the school governing board, not the Department of Education, says TimesLIVE.
SA domestic workers may soon see a change in their legal status, notes a Mail & Guardian Online report. Maria Mahlangu had been a domestic worker for two decades when she drowned in her employer’s pool. She was employed by the De Clercq family for 22 years. But when she died, they offered her daughter, Bongi Mahlangu, R5 000 as compensation.
Sarah Whitehead (33) is taking hospital giant Life Healthcare to the Labour Court, accusing it of unfairly dismissing her from Vincent Pallotti Hospital in Cape Town, says a TimesLIVE report. Whitehead claims she was fired last August – after more than four years as a part-time doctor in the rehabilitation unit, where she worked with disabled patients – on the basis of her disability.
The Eastern Cape High Court (Grahamstown) has certified a class action which, if it succeeds, could see the department paying out R500m to hundreds of teachers who believe they have been short-changed on their salaries since 2010. But, notes a Daily Dispatch report, this significant legal victory by the Legal Resources Centre acting on behalf of the teachers, may prove hollow unless those teachers opting into the class action can prove their case has not prescribed.
Former SARS boss Tom Moyane has filed papers to go back to the Constitutional Court after his attempt to get direct access to the court was dismissed in November. The application for leave to appeal is against a recent Gauteng High Court judgment dismissing his application to stop President Cyril Ramaphosa from appointing a permanent replacement and prevent retired Judge Robert Nugent from releasing a final report on the state of the tax agency.
Axed SARS Commissioner Tom Moyane is heading back to the Constitutional Court in a bid to appeal the Gauteng High Court (Pretoria) dismissal of his application to overturn his sacking. His lawyer Eric Mabuza reportedly told Fin24 yesterday the matter had gone ‘way beyond’ requesting leave to appeal from Judge Hans Fabricius, who delivered the scathing ruling, or the SCA.
Stellenbosch Municipality has been ordered to pay a settlement amount of R750 000 to an applicant who was removed from an appointment and replaced by a white candidate who did not meet the criteria. A Cape Times report says Zenobia Campbell had been battling with the municipality for two years following her application for an advertised post of senior local economic development and project management officer in 2016.
Sibanye-Stillwater CEO Neal Froneman told the Competition Tribunal at the hearing of the company’s proposed merger with Lonmin that consolidation is the ‘bitter medicine’ the SA platinum industry needs if it is to be saved. Business Day reports the deal would breathe new life into the financially distressed Lonmin, which has started a restructuring process that will result in 12 459 job losses.
Beneficiaries of a multibillion-rand employee trust are fighting for it to be dissolved owing to concerns about a lack of transparency and because it is allegedly not benefiting them, says a City Press report. Ukhamba Trust, an employee benefit scheme set up in 1998 for employees of automotive and logistics company Imperial, is being taken to court by a group of the trust’s beneficiaries.
A game breeding close corporation is suing De Beers for damages of R7.3m after it emerged that a Sable antelope it bought from the corporate giant didn’t have the DNA it thought. Volksblad reports that Hatari Game Breeders bought the five-year-old bull, Lusaka, at an auction in Klerksdorp for R290 000 in 2015.
An aspiring actress and former Lotus-FM traffic reporter who was fired after sexually explicit videos of her were leaked on WhatsApp is fighting back – both against the SABC and the man who allegedly leaked the videos. According to a report on the IoL site, Mishka Gounden is taking the SABC to the KZN High Court after she lost her job at Lotus-FM on 16 July and will next week institute a R1.5m damages suit against popular radio jock, Fahim Jamadar, for defamation.
Record numbers of Baby Boomers are now reaching their 60s, and if you are an employer in any size of business (from the smallest family-owned enterprise to the largest corporate), make sure now that you have a policy in place to handle the thorny question of compulsory retirement.
Former Somerset West Mugg & Bean manager Andile Bozo will be reinstated after claiming he was dismissed by his employer who he alleged had told him that customers did not want to be served by a black manager, says a Cape Times report.