Legal Articles and Guides
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.
Our employment laws and labour courts come down heavily on any unfair discrimination in the workplace, but it’s not always easy to decide whether “differentiation” between employees is or is not “unfair discrimination”.
The SA Human Rights Commission in the Western Cape has found that discrimination against coloured applicants at the Labour Department’s offices in Mitchells Plain constituted a human rights violation that must be further investigated by its national office.
Domestic workers could soon be able to claim money from the Compensation Fund if they are injured or contract a disease at their places of work. Their families will also be able to claim if they die due to work-related injuries or illnesses, notes a Business Insider report.
The R37m lawsuit by the University of Stellenbosch (Maties) against SA Rugby chief executive Jurie Roux, which has dragged on for seven years, is now set to go to independent arbitration after the two parties agreed to remove the battle from court.
A former Cosatu leader yesterday refused to state his plan of action after losing his court bid aimed at forcing one of the federation’s affiliates to pay him about R1.9m for firing him for being Zimbabwean, notes a report in The Mercury.
‘An employee cannot be dismissed for being under the influence of dagga at work merely because a urine test detected traces of cannabis in his or her urine. Unless the employer can prove that the employee was under the influence of dagga while at work (something that cannot be done by using a urine test), it would normally not be legally permitted to dismiss that employee for substance abuse or for being under the influence of dagga at work.’
The Constitutional Court has dismissed an appeal by 1 818 retrenched employees of retailer Edcon – despite granting the applicants leave to appeal a prior Labour Appeal Court ruling, which refused them condonation for the late launching of an application in terms of the Labour Relations Act (LRA), challenging the procedural fairness of their retrenchment and seeking compensation.
Leather stitcher Tofara Hove – who worked for Fijnbosch Manufacturing in Kuils River – has been awarded nearly R20 000 for unfair dismissal.
Business rescue practitioners of the formerly Gupta-owned Koornfontein mine are asking the Gauteng High Court (Pretoria) for an urgent interdict to restrain furious members of NUM, according to Rapport. It notes Chris Monyela, one of the practitioners, says in his affidavit he was severely assaulted in his Pretoria office last Monday.
Msunduzi Municipality – embroiled in a court battle over payments to the city’s firefighters – has applied for leave to appeal against a recent judgment that found it liable to pay emergency workers double on Sundays and public holidays. The Mercury reports the municipality filed its notice with the Durban Labour Court this week.
A Crime Intelligence police officer is claiming R420 000 in damages from the SAPS and two other officers after they allegedly disclosed classified information which was on her personal file. Their act caused a false rumour to spread that she and her husband had both tested positive for HIV.
SA’s largest clothing retailer, Edcon, has secured R2.7bn in new funding to recapitalise the cash-strapped company. A Moneyweb report says the deal effectively means Edcon, which owns Edgars, Jet and CNA, won’t be closing its doors, thus staving off what labour unions claimed would have been the country’s biggest single jobs bloodbath.
Employers, ever mindful of the comprehensive legal rights and protections provided to employees by our labour laws, need to know that on the other side of the coin they too have rights, and that our courts will come to their aid where employee misconduct causes them loss.
The principle that employers can decide to fire workers who refuse to disclose wrongdoing by colleagues has been compared to rules that espoused slavery, says a report in The Star. Derivative misconduct, as this principle is known, espoused a slave-master relationship, Advocate Suzanna Harvey told the Constitutional Court yesterday.