Legal Articles and Guides
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.
A doctor head-hunted by the Health Department in the Eastern Cape to manage a turnaround at the Fort England Hospital in Grahamstown has been sitting at home for two years as unions allegedly are opposed to him working there, according to Rapport.
The Constitutional Court is set to bring finality on whether singing struggle songs with the lyrics ‘kill the boer’ is strong grounds for firing black workers for being racist and striking fear among their white colleagues. The Star reports a group of Numsa members are fighting their employer’s attempts not to re-instate them after they were 'unfairly' fired for singing the song.
Managers at the ethekwini Municipality have lashed out at the prospect of an employment equity law being introduced that would prevent Indian, white or coloured people from taking up senior positions, according to a Sunday Tribune report. The proposed law is still in its draft stage, but a senior manager, querying the draft with ethekwini’s Human Resources Department, was reportedly told that the three race groups would be excluded from grade 14-25 (senior management) positions.
SAA has suspended the CEO of SAA Technical, Musa Zwane, and its chief financial officer, Phumeza Nhantsi, after unspecified allegations against them in a forensic probe of the state-owned airline, notes a Business Day report. Zwane – who was acting CEO of SAA until November 2017 – has been placed on leave pending a disciplinary hearing, SAA spokesperson Tlali Tlali said.
A Labour Court judge was scathing of a CCMA commissioner who re-instated a mine engineer who was sacked after sexually harassing a colleague, says TimesLIVE. The 'misogynistic, patriarchal and insensitive' approach of commissioner Josias Maake was 'beyond comprehension' said Judge Edwin Tlhotlhalemaje, scrapping the re-instatement of Rustenburg Platinum Mines engineering specialist Steve Pietersen.
Former NPA boss Mxolisi Nxasana wants to return to his job to continue the prosecutorial work he was prevented from doing by its highest profile target – ex-President Jacob Zuma, says a report in The Mercury. He made this clear in written submissions filed with the Constitutional Court on his behalf.
The Constitutional Court has ruled in favour of three coloured employees who left their jobs as a result of alleged racial discrimination which manifested itself in physical‚ verbal and mental abuse. A TimesLIVE report notes the men approached the Constitutional Court last year after the Labour Appeal Court held that the Labour Court would not have jurisdiction if a dismissal dispute by the employees had not been referred to a conciliation process.
Labour brokers have argued that removing them from the employment equation when temporary workers are transferred on to permanent contracts would trample on the rights and protections of vulnerable employees, says a Business Day report.
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.