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Employment Law


Appeal Court upholds strike ban on ‘traditional weapons’

By Juta and Company (Pty) Ltd Published on Tuesday, 25 June 2019
Tags: #Civil Rights #Employment Law #Litigation
Knobkerries, sticks and a sjambok are not traditional weapons to be brandished at a strike. Times Select says that is the lesson for five Pinetown workers whose dismissal five years ago – for carrying the weapons during a 2014 strike initiated by the National Union of Metalworkers of SA – was upheld by the Labour Court of Appeal in Durban.

Molefe takes battle for R30m pension to top court

By Juta and Company (Pty) Ltd Published on Monday, 24 June 2019
Tags: #Constitutional Law #Employment Law #Litigation
Former Eskom boss Brian Molefe is taking his R30m pension benefit battle to the Constitutional Court, according to Rapport.

Prosecutors fight for salaries, benefit increases

By Juta and Company (Pty) Ltd Published on Friday, 14 June 2019
Tags: #Employment Law #Litigation
Judge Cornelius van der Westhuizen believes the country’s Deputy Directors of Public Prosecutions (DDPPs) are being mistreated by government and the NPA regarding salaries and related benefits, says a Pretoria News report.

A third of domestic workers not registered for UIF

By Juta and Company (Pty) Ltd Published on Friday, 14 June 2019
Tags: #Employment Law
More than 300 000 domestic workers are not registered for unemployment insurance, according to a GroundUp report. Employees who work 24 hours or more per month and are legally entitled to unemployment insurance, number just over one million.

Employees lose case after accusing boss of racism

By Juta and Company (Pty) Ltd Published on Thursday, 13 June 2019
Tags: #Employment Law #Litigation
Four employees of a Johannesburg company have lost their case to be reinstated after they were fired for accusing their boss of making racial comments against them, notes a TimesLIVE report.

Truck companies and drivers to go head-to-head

By Juta and Company (Pty) Ltd Published on Thursday, 13 June 2019
Tags: #Employment Law #Labour Law #Litigation
A landmark case for the trucking industry will be heard in the KZN High Court (Pietermaritzburg) on 18 July. According to a TimesLIVE report, the case between the Positive Freight Solution Forum (PFSF), representing truck owners, and leadership of the All Truck Drivers Foundation (ATDF), representing truck drivers, is expected to get under way.

Estate Agents: Securing Your Trade Secrets (and Your Commission)

By Ashersons Attorneys Published on Thursday, 09 May 2019
Tags: #Employment Law #Litigation
As an estate agent you will know that without a valid Fidelity Fund Certificate (FFC) you are not entitled to any commission for the successful sales or leases you put together. All your hard work in fulfilling your mandate will come to naught. Your client need pay you nothing.

SARS sorry for delay in 'gorilla' incident probe

By Juta and Company (Pty) Ltd Published on Tuesday, 07 May 2019
Tags: #Employment Law
SARS has apologised to staff for dragging its feet in dealing with a complaint of racism against a senior manager who used a toy gorilla in her address to black staff.

Ruling urges tolerance of employees' religious beliefs

By Juta and Company (Pty) Ltd Published on Monday, 15 April 2019
Tags: #Civil Rights #Employment Law #Litigation
A recent Labour Appeal Court ruling amounts to a stark warning to employers to be more tolerant of their employees’ religious beliefs. The court ruled in favour of Deidre Beverley Faris, who took her employer, TDF Network Africa, to court over what she deemed was an unfair dismissal over her unavailability to work over the Sabbath.

Cleared surgeon's job given to someone else

By Juta and Company (Pty) Ltd Published on Monday, 15 April 2019
Tags: #Employment Law #Health Care & Social #Litigation
The KZN Department of Health appears to be heading for another legal showdown when the head of surgery from the strife-torn Ngwelazana Hospital returns to his job, which has already been given to someone else, suggests a Sunday Tribune report.

Alleged 'upskirt' victim sues company for R25m

By Juta and Company (Pty) Ltd Published on Monday, 25 March 2019
Tags: #Employment Law #Ethics #Litigation #Personal Injury Law
A former employee at a global insurance firm is pursuing R25m in damages, claiming her company failed to assist her after an executive was allegedly found to have uploaded compromising videos of her to a porn site without her consent.

Mines seeks to halt planned secondary strike

By Juta and Company (Pty) Ltd Published on Monday, 25 February 2019
Tags: #Employment Law #Litigation
Urgent applications lodged in court by 15 mining companies to prevent Thursday’s seven-day secondary strike called by the Association of Mineworkers and Construction Union (Amcu) may stop the action before it starts, according to a BusinessLIVE report.

ConCourt affirms employers right to suspend without hearing

By Juta and Company (Pty) Ltd Published on Wednesday, 20 February 2019
Tags: #Constitutional Law #Employment Law #Litigation
An employer is not required to give an employee an opportunity to make representations before a precautionary suspension, the Constitutional Court ruled yesterday when affirming a Labour Court ruling that, where a suspension is precautionary and with full pay, there is no obligation that workers be given a chance to try to exonerate themselves of any improprieties.

Security company ordered to pay R2.3m to provident fund

By Juta and Company (Pty) Ltd Published on Friday, 15 February 2019
Tags: #Employment Law #Litigation
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.

ConCourt finds delayed dismissal of teacher unfair

By Juta and Company (Pty) Ltd Published on Friday, 08 February 2019
Tags: #Constitutional Law #Education Law #Employment Law
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.

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