Legal Articles and Guides
The United National Transport Union (Untu) has welcomed a Labour Court judgment ordering the reinstatement of a Gautrain station manager who was fired after an altercation with commuters.
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.
Charged with incapacity last year after being diagnosed with multiple sclerosis in 2013, Sandra Teodosio (43), was fired by Woolworths after a disciplinary inquiry. Now she is challenging her dismissal at the CCMA, notes a Sunday Times report. She wants her job back and an order that the company discriminated against her.
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.
The arbitration hearing into the dismissal of former SABC boss Hlaudi Motsoeneng, due to start at the CCMA yesterday, has been postponed indefinitely, TimesLIVE reports. Motsoeneng was fired after a disciplinary committee found he had violated the SABC's code of conduct when he lashed out at its interim board over its plan to halt his 90% local content policy.
The Labour Court in Johannesburg issued an interim order on Friday, restraining Eskom from unlawfully terminating its head of generation Matshela Koko’s contract of employment. A Moneyweb report notes the order was based on a breach of the terms of conditions of his employment and a directive issued to it by government in an earlier statement stating: ‘The board is directed to immediately remove all Eskom executives who are facing allegations of serious corruption and other acts of impropriety, including Mr Matshela Koko…’
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.
Eight Uber drivers who claim their dismissal from the company was unfair, will have to start from scratch in their legal challenge to the action. Cape Town Labour Court Judge Andre van Niekerk ruled that the CCMA Commissioner Winnie Everett got it wrong when she found that the drivers were employees of Uber, and not independent contractors.
An academic, who chose to return to his family home to deal with the trauma of being accidentally exposed to HIV, has succeeded in showing his subsequent dismissal by the Vaal University of Technology was unfair. Labour Court Judge Anton Steenkamp ruled in favour of Dr Pieter Wynand Conradie.
The practice of companies dismissing employees through alleged fraudulent liquidation scams is playing out in the Metal and Engineering Industries Bargaining Council (MEIBC) in Johannesburg. In what The Star calls a ‘David v Goliath’ case, 34 former employees of Unique Storage Equipment (USE) in Alberton are taking on Tim van Wyk for supposedly liquidating his company and firing his employees, only to reregister it using another trading name, allegedly with the same assets.
The CCMA has found that former SARS spokesperson Adrian Lackay was not constructively dismissed. A News24 report says Lackay – who had worked at SARS for nearly 12 years – resigned in February 2015, alleging that the organisation had ‘made his continued employment intolerable’. CCMA Commissioner Joyce Nkopane found that he had not lodged a formal grievance and was not able to prove that his employer made his working conditions intolerable.
The KZN High Court (Pietermaritzburg) judgment in the case of Singh and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) and Others, provides a ‘timely’ reminder that no person or body (including a body corporate) can contract themselves out of constitutional or other legal obligations, says constitutional law expert Professor Pierre de Vos.
President Jacob Zuma made yet another major concession in the Gauteng High Court (Pretoria) yesterday, admitting via his lawyer Ishmael Semenya SC that the R17m golden handshake offered to former NPA boss Mxolisi Nxasana was unlawful and that Nxasana should pay back the money. A Business Day report recalls Zuma has made similar about-turns recently.
Private estates cannot enforce road traffic law or ‘domestic rules’ similar to the curfews and pass laws of the apartheid era‚ the KZN High Court (Pietermaritzburg) has ruled. A TimesLIVE report notes the judgment ended a long-running case brought by Niemesh Singh‚ a resident of Mount Edgecombe Country Club Estate‚ who argued that speed trapping in the estate was unlawful.