Legal Articles and Guides
A primary school teacher fired for hitting and kicking pupils and smacking a mother has been thrown a lifeline says a Times Select report. Port Elizabeth Labour Court Judge Connie Prinsloo said an arbitrator’s rubber-stamping of Rubin Kleinbooi’s dismissal was ‘grossly irregular’.
More than 11 years after she was dismissed on ‘trumped-up charges’, and post retirement, a long-serving employee of Old Mutual Bank in Durban has won her case to be reinstated. In what a Times Select report calls a precedent-setting judgment, Durban Labour Court Judge David Gush ordered that Rumba Samuel – who had worked at the bank for 26 years prior to being fired in 2007 at the age of 56 – ought to be reinstated in spite of the passage of time.
The SABC will follow the Labour Relations Act to the letter regarding possible retrenchments at the financially struggling broadcaster. SABC board chair Bongumusa Makhathini told MPs that it was not an accurate reflection to say the SABC's turnaround strategy focused only on retrenching staff‚ noting this notion ignored the work being done to drive the corporation forward.
You want to charge one of your employees with serious misconduct so you institute disciplinary proceedings. To avoid a possible dismissal the employee resigns “with immediate effect”. Can you go ahead with disciplining the employee? Until recently the answer was no, the Labour Court having decided in such a matter that immediate resignation brings an end to the employment relationship and puts the employee beyond your reach.
A Constitutional Court ruling that has reinforced the organisational rights of minority trade unions in the workplace will lead to chaos and heightened inter-union rivalry, legal experts argue in a Business Day report. They said that though the judgment confirmed existing trends, it was problematic.
A Constitutional Court ruling that a labour broker is no longer legally the employer of the staff it places once that employee has become permanent could be a boon for the temporary services industry. A Business Day report says this is the view of Ronny Katz, CEO of Workforce Holdings, who said he had been waiting years for confusion to be removed from the industry on how labour brokers, their clients and workers were defined in terms of labour law.
The Legal Resources Centre (LRC) says it is disappointed by a SCA judgment rejecting arguments to appoint a special master to oversee land claims made by labour tenants. A News24 report says the case went on appeal to the SCA after the Land Claims Court ruled in December 2016 that a special master be appointed to expedite claims for portions of lands that labour tenants have worked and lived on.
The Industrial Development Corporation (IDC) has emerged victorious in a lengthy legal dispute centring around a 'racist' movie, Vanilla Gorilla. The Labour Appeal Court ruled in favour of the IDC in the matter initially brought by one of the corporation's managers, Tracey Roscher, notes Times Select.
The widely-acclaimed Constitutional Court ruling on contract workers would not dramatically change the lives of low-paid workers, according to TimesLIVE, which notes many in the industry say it would be business as usual. The court last Thursday ruled that workers earning under R205 433 a year provided by labour brokers to companies, should not be regarded as temporary workers after three months, meaning they become permanent employees with job security from month four.
Clients of labour brokers become sole employers of contract workers after three months, the Constitutional Court ruled yesterday, delivering a blow to the industry. The court said labour brokers were not dual employers when their clients absorbed contract workers as permanent staff, a ruling which would change the nature of labour broking, says TimesLIVE.
CLEANING TIPS FOR EMPLOYMENT CONTRACTS WITH DOMESTIC WORKERS!
The Constitutional Court will hand down judgment today on the status of labour brokers in the employment of contract employees. The section in contestation before the court was a result of amendments to section 198a of the Labour Relations Act (LRA), which sought to regulate temporary employment services amid complaints of exploitation by labour unions, notes a Business Day report.
Siphiwe Ngcobo – the leader of the ‘Ward 27 Business Forum’ who repeatedly stormed the site of a massive water pipeline project in Durban, disrupting work – has been jailed for contempt of court. KZN High Court (Durban) Judge Philip Nkosi ordered the sheriff to take Ngcobo into custody. He is to spend 45 days in prison and will serve the time over weekends – between 17:00 on Fridays and 07:00 on Mondays.
Former SAA chief financial officer Phumeza Nhantsi yesterday said she had filed a case of unfair dismissal with the CCMA against the debt-ridden national airline, notes Business Report. SAA last week fired Nhantsi and acting chief executive Musa Zwane, having earlier suspended them for recommending to the board that the carrier sign a deal with financier BnP Capital to raise R15bn to consolidate its debt in return for a R256m fee.
Our courts are not gentle with employers who contravene our labour laws, particularly in cases of automatic unfairness and unfair discrimination. A recent Labour Court decision involved an employee who was summarily dismissed for misconduct after a disciplinary enquiry, despite being diagnosed with depression. The outcome is a reminder to employers to tread with extreme care in cases where misconduct may be linked to some form of mental disorder or disability. We discuss the facts, the Court’s findings, and the mistakes the employer made…