Legal Articles and Guides
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.
The SA Teachers’ Union is demanding a forensic investigation into the finances of Grey College High School in Bloemfontein to ascertain whether the R1.5m spent on legal fees was properly authorised, Volksblad reports. The union addressed a letter to Free State education head Tsoarelo Malakoane, arguing the expense was not budgeted for.
Don’t play the race card when dealing with workplace grievances. A Times Select report says this was the caution issued recently by the Labour Appeal Court following a spat between Legal Aid Board Western and Northern Cape boss Cordelia Robertson and Kimberley-based Justice Centre executive Vincent Mayisela.
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.