Legal Articles and Guides
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.
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.
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.
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.
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.
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.