Legal Articles and Guides
Employers and employees need to know about four new Acts which will usher in important changes to our labour laws. The summary below is a short one of only those changes likely to affect a significant number of people and businesses, so take advice on your specific circumstances.
A teacher says one of Cape Town’s leading schools discriminated against her and constructively dismissed her by coercing her to resign, notes a TimesLIVE report. Nozipho Mthembu‚ also an ex-pupil at Rustenburg Girls’ Junior‚ was employed by the school governing body as a Grade 5 teacher from January. She told the CCMA she felt ‘powerless and inadequate’ after the school made her appear incompetent.
The SABC was 'technically insolvent' and was unable to fulfil its financial obligations, CEO Madoda Mxakwe said yesterday. 'If we were a private company, we would have been recapitalised,' he said at a briefing with reporters in Johannesburg, on the dire financial situation at the public broadcaster. He said the threat of commercial insolvency was also increasing.
SA Federation of Trade Unions (Saftu) affiliates have threatened to launch a legal battle after they were removed from the Public Health and Social Development Sectoral Bargaining Council following an audit report which said they did not qualify to be part of the council.
Once again November is upon us, and no doubt employees around the country are starting to dream of all the good things they can do with that “Christmas” bonus coming their way. If you are one of them perhaps you plan to pay off debt or to re-charge the family’s batteries with a special holiday. Or perhaps you just want to reward yourself and your loved ones with a bit of free-spending on a luxury or two to celebrate a special time of year.
The SABC and unions have agreed to appoint a facilitator from the CCMA to consult with on restructuring, which could affect 981 jobs. The national broadcaster said it envisaged that all employees and at all levels in the SABC will be affected by restructuring, notes a Fin24 report.
Transnet is to sue axed CEO Siyabonga Gama for R166m, which the utility says was an over-payment made to Gupta-linked Regiments Capital, notes Business Day. This relates to a consulting contract awarded to Regiments as part of Transnet’s decision to spend R54bn for 1 064 locomotives.
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.