Legal Articles and Guides
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.
Embattled ex-Eskom boss Brian Molefe has turned to the SCA in a bid to avoid paying back his R11m pension payment, reports Fin24. Molefe, who was ordered last week by the Gauteng High Court (Pretoria) to pay back the money, yesterday filed papers asking the SCA for leave to petition against the judgment delivered by the full Bench, comprising Judge Elias Matojane, Judge Hans Fabricius and Judge Segopotje Mphahlele.
The Gauteng High Court (Pretoria), in ruling yesterday that Brian Molefe’s declaration that he had not resigned was false, and that he was never entitled to the R30m pension money he negotiated with the power utility, has opened the door to criminal charges against the erstwhile Eskom boss, notes Legalbrief. A full Bench of the court ordered Molefe to pay back within 10 days the R11m he has already received as part of his pension payout.
Former Eskom CEO Brian Molefe will probably know today whether his pension payout was lawful. A Business Day report says the Gauteng High Court (Pretoria) is due to rule today on the payments Molefe received in December 2016. Union Solidarity, later joined by other parties including the DA, approached the High Court in 2017, seeking an order declaring as unlawful Molefe’s pension, which amounted to R30.1m.
The Constitutional Court has confirmed that a section of the Public Service Act‚ which permitted an employer to make unilateral deductions from an employee’s salary‚ is unconstitutional. The court confirmed the order by the Labour Court in January‚ which concerned a health manager who was erroneously overpaid for a number of years. Itunu Ibogu‚ a senior administrator at Charlotte Maxeke Hospital‚ found herself owing the Gauteng Health Department close to R800 000 after being erroneously appointed in the wrong position in 2010.
About 60 000 Transnet pensioners have pinned their hopes on the Constitutional Court as they seek to proceed with a class action to seek billions from two pension funds. A TimesLIVE report notes that yesterday, the court heard their appeal against a Gauteng High Court (Pretoria) order from last year. Transnet pension fund recipients brought a lawsuit against the Transport Pension Fund and the Transnet Second Defined Benefit Fund and Transnet in the High Court last year.
Associated Motor Holdings, a subsidiary of Imperial Holdings, is being sued for more than R23m by a former group financial manager who claims she was discriminated against because she is a black woman. According to a Business Day report, Adila Chowan claims she was dismissed from the company in 2015 after enduring insults directed at her by Imperial Group CEO Mark Lamberti, the respondent in the matter being heard in the Gauteng High Court.
A geography teacher at St John’s College in Johannesburg – found guilty on three serious charges‚ including racism – has been fired‚ says a TimesLIVE report. This followed a visit to the school last week by Gauteng MEC for Education Panyaza Lesufi‚ who reportedly gave the school an ultimatum until 1pm on Friday to sack the teacher. Welcoming the decision‚ Lesufi said the educator had left the school with immediate effect.
Taxi app company Uber’s business model is in the spotlight after the CCMA ruled its drivers are employees of the company, Rapport reports. CCMA Commissioner Winnie Everett held that the CCMA has jurisdiction over disputes raised by Uber drivers and that the company’s drivers are fully protected by labour legislation.
The Treasury has proposed to remove the foreign employment income tax exemption for South African residents working abroad from March 2019. Treasury deputy DG Ismail Momoniat said the aim was to make sure that the tax system was fair to all and that people did not exploit offshore tax havens.
The government plans to introduce a salary cap on the percentage that can be ‘attached’ by creditors using emolument attachment orders to collect debt, notes a BusinessLIVE report. The Courts of Law Amendment Bill proposes that no more than 25% of a debtor's salary can be attached, no matter how many attachment orders they may have against them.