Legal Articles and Guides
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.
Former SABC chief operating officer Hlaudi Motsoeneng's dismissal case will be back in the CCMA next week, notes TimesLIVE. Motsoeneng is challenging his dismissal by the public broadcaster. The matter is set down for next Thursday for his lawyers to present closing arguments on why his dismissal should be set aside.
In today’s economic challenges, both parents, in most cases, have to work. House work and raising children is a challenge and job on its own. Domestic workers are therefore an integral part of our lives. “One person caring about another represents life’s greatest value” (quote by Jim Rohn). Domestic workers help us manage our homes and raise our children. It’s only fair-minded that they are appreciated and preserved with the reverence and professionalism with which we bestow on other workforces.
Disgraced former Eskom CEO Brian Molefe is considering petitioning the SCA over his bid to be re-instated and to escape having to pay back the money he received as a parting gift, notes a Business Day report. Labour union Solidarity gave Molefe until Friday last week to repay the R11m he received in pension payments.
The Constitutional Court is set to bring finality on whether singing struggle songs with the lyrics ‘kill the boer’ is strong grounds for firing black workers for being racist and striking fear among their white colleagues. The Star reports a group of Numsa members are fighting their employer’s attempts not to re-instate them after they were 'unfairly' fired for singing the song.
The Constitutional Court has ruled in favour of three coloured employees who left their jobs as a result of alleged racial discrimination which manifested itself in physical‚ verbal and mental abuse. A TimesLIVE report notes the men approached the Constitutional Court last year after the Labour Appeal Court held that the Labour Court would not have jurisdiction if a dismissal dispute by the employees had not been referred to a conciliation process.
The protracted dispute between labour brokers and casual workers over the interpretation of section 198a of the Labour Relations Act will reach the Constitutional Court on Thursday. A Business Day report notes the issue – which has been before the CCMA, the Labour Court and the Labour Appeal Court – centres on the question about who is the rightful employer in the relationship between labour brokers, clients and employees.
The Labour Court has ruled in favour of a senior Johannesburg Water employee who was denied a bonus, along with other senior staffers, despite receiving a high performance rating, notes TimesLIVE. Financial chief Cyrus Tavaria challenged the decision by the utility not to pay bonuses to staff in the top pay grades.
Suspended City of Johannesburg Ombudsman, Advocate Sduduzo Gumede, has filed papers in the Johannesburg Labour Court demanding about R7m in backdated salary payments, notes a report in The Citizen.