Legal Articles and Guides
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…
Former mineworkers and their dependents can now register their interests in the historic R5bn silicosis and TB class action settlement online. A TimesLIVE report says the new website‚ SilicosisSettlement.co.za‚ and a Facebook page‚ Silicosis Settlement, were launched this week.
Parliament has been told that several SABC staffers – fingered for defrauding the public broadcaster’s medical aid scheme – will soon be prosecuted. The Mercury reports this is what the SABC told Parliament’s Committee on Communications yesterday.
A case of alleged racism in the workplace has provided the Constitutional Court with an opportunity to clarify what constitutes hate speech and how it relates to freedom of speech. The court was told that it should adopt a position that if racism is proved in the workplace‚ dismissal should follow as a result unless there are exceptional circumstances.
The SA Commercial Catering and Allied Workers Union (Saccawu) wants employees who were retrenched by Woolworths for not accepting the terms of the conversion to flexitime in 2012 to be reinstated. A Business Day report notes on Tuesday, the Constitutional Court reserved judgment in the case brought by the union against Woolworths, which is seeking leave to appeal against a ruling by the Labour Appeal Court.
While it is established law that racism in the workplace must not be tolerated following the 2012 Labour Court ruling in Modikwa Mining Personnel Services v CCMA and Others, the recent Constitutional Court 'ground-breaking' judgment in Rustenburg Platinum Mine v SAEWA obo Bester and Others has recognised the truth that phrases which may be regarded as neutral are not necessarily so, due to the impact of the legacy of apartheid and racial segregation that has left us with a 'racially charged present'.
BMW will seek an urgent rescission on an earlier court order compelling it to pay a group of former employees R55m from a surplus pension fund. BMW maintained it had already paid them, the company’s attorney Michelle David told Business Day. The 1 390 pensioners were granted a default judgment in the Gauteng High Court (Pretoria) last week.
The Nkandla fall guys – Public Works officials implicated in the R246m upgrades at former President Jacob Zuma’s homestead – have escaped with a written warning, according to a Sunday Times report. The officials had been facing internal disciplinary hearings for violating tender procedures by choosing preferred service providers to work on Zuma’s homestead instead of running an open tender process.