Legal Articles and Guides
When a specialist police unit launched an undercover, anti-corruption sting on staff at a busy South African border post, their agent found what many ordinary people have long known: it is indeed possible to ‘bribe your way through’. A participant in the covert operation was given a passport that did not belong to him and R350; then sent out to test the probity of the officials who dealt with him. Before long he was through – with R100 change.
The Labour Appeal Court in Johannesburg has ruled that employees hired via labour brokerage firms will be entitled to benefits if they remain employed by a company for more than three months‚ says a Daily Dispatch report. Judge Pule Tlaletsi ruled this week that employees of a labour broker become permanent employees of the client company after three months of working there.
Dr Grzegorc Ludwick Pietz – who was dismissed without a disciplinary hearing for insolence‚ insubordination and gross negligence – will receive compensation equivalent to three months’ remuneration. A TimesLIVE report notes the doctor had been abusive towards nurses and had been grossly negligent in how he attended to a pregnant patient in November 2009.
The Johannesburg Labour Court has upheld the dismissal of a University of Venda lecturer who attempted to pressure female students into sex in exchange for marks‚ describing a decision by an arbitrator from the CCMA to set it aside as ‘grossly irregular’, notes a TimesLIVE report.
Deidre Faris, a Seventh-Day Adventist who was fired for refusing to break her Sabbath by working on Saturdays, has won R60 000 compensation from TFD Network Africa for religious discrimination, although the company says it will fight for the right to appeal. A Sunday Times report notes Faris is not alone in her battle against religious discrimination.
The University of Zululand’s (UniZulu) vice-chancellor has approached the KZN High Court (Durban) to obtain an interdict forcing a former employee to stop making ‘defamatory and false’ claims about her in the media, says a report on the IoL site. In the affidavit, Professor Xoliswa Mtose asked the court to rule that former lecturer and former Nehawu university shop-steward Hlakaniphani Jamile be ‘restrained from publishing or causing to be published any defamatory and/or false statements in any local, national, or international media platform’ against Mtose and the university.
Six large SA mining companies could reach a settlement soon with thousands of workers made ill by working underground in gold mines in past decades, avoiding a lengthy court battle over compensation, according to Graham Briggs, chair of the occupational lung disease working group.
An investigator with the Special Investigations Unit (SIU) is taking his employer to court in a bid to prove that he has been treated unfairly because of his race. The Mercury reports Bongani Msani is asking that the SIU make available the employment contracts of those who worked as forensic investigators and field investigators between 2003 and 2016 and their qualifications.
A former parliamentary employee who claims he was unfairly overlooked for a promotion is adamant he was the highest-scoring internal candidate and should have been given the job. According to a News24 report, former Parliament budget office analyst Dr Sean Muller has taken the institution to the CCMA, arguing he was unfairly overlooked for a promotion to the post of deputy director of economics.
The Johannesburg Labour Court has ruled Steve Parkinson, general manager of Damelin’s Boksburg campus, who was fired in 2012 for missing sales targets, had been unfairly dismissed, according to a Sunday Times report. In his ruling, which exposed the massive pressure managers at one of SA’s biggest private education companies are under to enrol new students, Judge Adolph Landman quoted from some of the letters Parkinson was sent by executives in the run-up to his dismissal.
Metrobus has to re-employ a driver it fired more than six years ago as it had failed to review an arbitration award in his favour‚ the Constitutional Court ruled in December, notes a TimesLIVE report. The court ruled that the arbitration award issued in favour of Sizwe Myathaza on 17 September 2009 – that he be reinstated with back-pay – is made an order of the Labour Court.
A former SARS employee‚ fired in 2007 by then SARS Commissioner Pravin Gordhan for using racist and derogatory language‚ has had the reversal of his dismissal overturned by the Constitutional Court. In what media reports describe as a 'scathing' judgment handed down by Chief Justice Mogoeng Mogoeng yesterday‚ Jacobus Kruger was labelled a racist for using the k-word at work in August 2007. The ruling has inplications for workplaces across the country, notes Legalbrief.
While new proposed legislation would offer 10 days of parental leave and new leave provisions for parents who adopt or have children through surrogates, gender activists argue that all parents should have the same parental leave benefits. The Mercury reports the Labour Laws Amendment Bill is with Parliament's Portfolio Committee on Labour, which is considering submissions made last month by Sonke Gender Justice jointly with the Mosaic Training, Service and Healing Centre for Women, and by Cosatu.
An East London hair salon has succeeded in convincing the court that eight of its former employees have breached the restraint clause in their contracts, says a Daily Dispatch report. How Do You Want It (Pty) Ltd – trading as Dreadlocks Studio One – turned to the Eastern Cape High Court (East London) after director Luvo Sihlali filed papers accusing the eight of poaching his clients.
Almost R2m emolument attachment orders could be affected by a Constitutional Court judgment due to be delivered today, says a Business Day report. It adds the ground-breaking case was originally heard in the Western Cape High Court in February 2015, and it challenges the constitutionality of the process of granting emolument attachment orders in the context of unsecured lending.