July   2024 'Bumping' requirements clarified
The LAC in Fischer Tube Technik SA v Bayene & Another has clarified how 'bumping' should be applied in a retrenchment, and an employer's obligations to consult about it.

June   2024 Cannabis testing - a need to re-evaluate policies?
The LAC in Enever v Barloworld Equipment found that a positive cannabis test does not on its own indicate whether the employee is impaired from carrying out their duties, and a blood test, without proof of impairment, violates an employee's privacy.

May   2024 Criminal record a basis for refusing employment?
The LC in O'Connor v Lexisnexis had to decide whether the employer's actions in withdrawing an offer of employment, once it discovered that the applicant had a criminal record, constituted discrimination on an arbitrary ground.

April   2024 Contempt - not complying with arbitration awards
Two recent Labour Court judgments highlight the dangers of not complying with arbitration awards and the prospects of the frustrated 'winner' succeeding in instituting contempt proceedings.

March   2024 Constructive dismissal
Wesbank, A Division of Firstrand Bank Limited v CCMA & Others tells a sad story about a deterioration in workplace relationships that ended in a resignation which was found to constitute a constructive dismissal.

February   2024 Revised Employment Equity sector targets
Revised Employment Equity sector targets have been published for comment. Worklaw's newsflash discusses the practical considerations and potential problem areas in applying these revised targets.

February   2024 Delays in disciplinary proceedings
The judgment in Cibane & Another v Premier of KZN Province is important for understanding when a party abandons its rights due to 'waiver', and when delays would justify disciplinary action being stayed.

January   2024 Union reps striking or participating in lawful union activities?
In SA Custodial Management v Union For Police, Security and Corrections Organisation the employers dismissed only the union representatives after an unlawful strike.

December   2023 Employees holding political office
The Court in Samwu v Minister of Cooperative Governance & Traditional Affairs had to decide whether the Municipal Systems Act, in barring all municipal employees from holding political office, was unconstitutional.

November   2023 Parental leave redefined
The High Court in Van Wyk v Minister of Employment & Labour has found that the BCEA and the UIF Act, with regard to parental leave, are unconstitutional and unfairly discriminate between mothers and fathers and between different sets of parents.

October   2023 Legitimate managerial functions or discrimination?
The Labour Court in La Foy v Department of Justice had to distinguish between what were legitimate managerial functions and what might constitute acts of harassment.

September   2023 "Arbitrary" discrimination claims widened?
Two recent Labour Court judgments - Mkalipi v Minister of Labour and La Foy v Department of Justice suggest that a wider interpretation may be given to arbitrary discrimination claims brought by employees under s6(1) of the EEA.

August   2023 The test for constructive dismissal
An arbitrator's award that an employee had been constructively dismissed and was awarded 6 months' pay, was set aside on review in Browns the Diamond Store v CCMA & Others. The Labour Court clarified the grounds for constructive dismissal.

July   2023 Testing positive for dagga revisited
Marasi v PetroSA, a discrimination case, explores the overlap between culture and discrimination, with the employee prescribed cannabis as part of a traditional healer training programme.

June   2023 Breathalyzer tests challenged
The Labour Court in the recent case of Samancor Chrome Ltd (Western Chrome Mines) v Willemse & Others accepted evidence about the unreliability of breathalyzers in some circumstances.

May   2023 ConCourt ruling on 'scab labour'
A recent Constitutional Court ruling on when replacement labour can be used during a lockout - Numsa v Trenstar - has set the cat amongst the pigeons. S76 of the LRA prohibits replacement labour during a lock-out except when the employer locks out employees "in response to a strike".

April   2023 Protest Action Code of Good Practice
Worklaw's latest subscriber newsflash discusses the Protest Action Code of Good Practice that was issued by Nedlac in September 2022.

March   2023 Employer liability for harassment revisited
The latest judgment dealing with an employer's liability for workplace harassment under section 60 of the EEA - Solidarity obo Oosthuizen v SAPS & Others - awarded the employee R300 000 compensation.

February   2023 'Deemed' vs 'reasonable expectation' of employment
Two recent Labour Court judgments show the confusion when applying rights for employees on fixed term contracts to be deemed to be indefinitely employed under s198B of the LRA, or to have a reasonable expectation of continued employment under s186(1)(b).

January   2023 Testing positive vs Under the influence
The LC in Numsa obo Nhlabathi v PFG Building Glass accepted that whilst dagga tests do not show the employee's ability to perform duties is impaired, it is automatically assumed that the employee is under its influence.

December   2022 Employer liability for harassment
The LAC in Amathole Municipality v CCMA & Others had to decide whether the employer was liable to pay compensation to an employee who alleged she had been sexually harassed at the workplace.

November   2022 The end of disciplinary hearings?
Much attention is being paid to the recent Labour Court judgment in Bidvest Protea Coin v Myeni & Others which approved a disciplinary process that arguably does away with the need to hold disciplinary hearings.

October   2022 Arbitrator's interference reviewable?
The LC in Saldanha Bay Local Municipality v Mutusa obo Hendricks confirmed that whilst commissioners may conduct arbitrations in a manner they deem appropriate, they must guard against conduct likely to suggest bias.

September   2022 When are expired warnings relevant?
Employers frustrated with repeat offenders, often ask whether expired warnings have any relevance when deciding on sanction. We discuss the leading cases that deal with this.

August   2022 Diversity and the need for cultural sensitivity
The Labour Court judgment in Toyota SA Motors is another example that highlights the need for employers to be culturally sensitive and recognise diversity in applying their human resource policies.

July   2022 Misconduct can take many forms
The Labour Court in Volkswagen Group SA v NUMSA & Others emphasised that workplace misconduct can take many forms, and does not always have to be written into policies or disciplinary codes.

June   2022 "Unjustifiable conduct" legitimising strikes
The Dismissal Code implies that an unprotected strike dismissal may be unfair, if the strike was in response to an employer's "unjustifiable conduct". The LAC in Trellicor v Numsa sheds light on how this will be assessed.

May   2022 Mandatory vaccination retrenchment
The CCMA in Cecelia Bessick v Baroque Medical found that an employee's retrenchment for refusing to comply with the employer's mandatory vaccination policy was fair, and that she was not entitled to severance pay.

April   2022 Disciplinary action: Getting the charges right
The LAC in Austin-Day v ABSA Bank & Others highlighted that employers need to think carefully, when dealing with allegations of misconduct, about what specifically the employee has done wrong and how it impacts on the employment relationship.

March   2022 Covid Code of Practice
A Covid Code of Practice was recently gazetted to replace the Occupational Health and Safety Measure Regulations that will lapse once the National State of Disaster ends.

March   2022 Moonlighting
The LAC in Bakenrug Meat t/a Joostenberg Meat v CCMA & Others highlighted that 'moonlighting' (doing more than one job) may constitute a breach of an employee's duty of good faith.

February   2022 No jab, no job - so far
2 recent CCMA awards on mandatory vaccination, one dealing with unfair dismissal and the other an unfair labour practice, have upheld the employers' mandatory vaccination policies.

January   2022 Mandatory vaccination policy template
Worklaw has developed a mandatory vaccination policy template for its subscribers who wish to implement mandatory vaccination at the workplace in response to the Covid-19 pandemic.

December   2021 Unilaterally implementing wage increases
The LC in Numsa v Eskom Holdings considers at what stage during a wage dispute is management entitled to unilaterally implement its last wage offer?

November   2021 Employee demands to remove managers
The LAC in Walsh v E. Cape Dept of Health was highly critical of the Dept. for attempting to maintain that the transfer of a CEO in response to unlawful employee demands, was in the 'public interest'.

October   2021 Courts interdicting disciplinary proceedings
It is apparent from Minya v SA Post Office & Others that the Labour Court has had enough of employees attempting to halt disciplinary enquiries through urgent interdict applications.

September   2021 Cautioning the consistency rule
The LAC in Nyathikazi v Public Health & Social Dev. Bargaining Council & Others said that the 'parity principle' should not result in previous wrong decisions being repeated.

August   2021 Mandatory vaccination policies
Mandatory vaccination at the workplace is provided for in the Revised Health and Safety Measures, and raises controversial constitutional issues. We discuss its application.

July   2021 Strike Balloting Guidelines set aside
The High Court in Amcu v Minister of Employment and Labour set aside the Strike Balloting Guidelines gazetted in December 2018, declaring them to be unlawful on 2 grounds.

June   2021 Revised Health and Safety Measures - vaccination
The Minister of Employment and Labour has signed updated Covid Workplace Occupational Health and Safety Measures, covering vaccination requirements and situations in which employers may implement mandatory vaccination for employees.

May   2021 Dealing with a 'rogue' Covid infected employee
The Labour Court in Eskort v Stuurman Mogotsi had to consider whether it was fair to dismiss a Covid infected employee who did not stay away from work and who ignored required social distancing measures.

April   2021 When is a fixed term contract not fixed?
The Labour Court in Farinha v Boogertman & Partners had to consider whether it was lawful for the employer to retrench an employee prior to the expiry date of the fixed term contract..

March   2021 Challenging times for collective agreements
We discuss cases of employers refusing to implement wage agreements negotiated with unions, due to financial constraints caused by the Covid pandemic, including the award in NUM/PPC Cement.

February   2021 Using replacement labour during lock-outs
The LC in NUMSA obo Members v Trenstar had to decide whether the employer was entitled to use replacement labour during a lock-out, after the union had suspended its strike.

January   2021 LAC rules on 'discipline after resignation'
The LAC in Standard Bank v Nombulelo Chiloane has put to bed the controversy over the effect of an employee resigning 'with immediate effect', despite a contractual notice period.

December   2020 Can an employer compel annual leave?
UASA obo Members v Impala Platinum deals with an employer's right to require non-striking employees to take leave during a strike, whilst the company's operations are shut down.

November   2020 When is a service provider a TES?
Many TES organisations restructured themselves as service providers after the 2015 LRA Amendments. David Victor & 200 Others v Chep SA provides guidance on whether these attempts will withstand scrutiny.

October   2020 'Return to work' protocols - October 2020
The Dept of Employment and Labour recently published a revised Covid-19 Consolidated Direction on Occupational Health and Safety Measures, which came into effect on 1 October.

September   2020 Covid-19 pay cuts
The LC in Macsteel Service Centres v Numsa & Others considered whether the employer's decision to cut wages due to the Covid-19 pandemic, constituted a unilateral change to terms and conditions of employment.

August   2020 Strike law update
We draw from 3 recent LAC judgments to update strike law on an employer's obligation to consult a union before dismissals, how to assess evidence of strike misconduct, and on zero tolerance for 'mob-power' during strikes.

July   2020 Strike ballots no longer?
NUMSA & Others v Mahle Behr & Another (LAC) challenges the assumption that the LRA now requires a secret ballot before a union calls a strike.

June   2020 'Return to work' protocols - June 2020
This newsflash provides a summary of the new requirements contained in Consolidated Occupational Health and Safety Measures in Workplaces gazetted on the 4 June.

May   2020 'Return to work' protocols - May 2020
This newsflash aims to provide guidance on developing appropriate Covid-19 'return to work' protocols, in light of the proposed phased reopening of the economy.

April   2020 Beware social media
The LC's judgment in Onelogix v Meyer & Others is another example of how careful employees should be about what they say or post on social media.

Urgent Newsflash   2020 Coronavirus: workplace impact - part 3 (TERS)
A Covid 19 Temporary Employee / Employer Relief Scheme (TERS) has been established to assist financially distressed employers to pay salaries of employees during the lockdown.

Urgent Newsflash   2020 Coronavirus: impact on the workplace - part 2
The coronavirus is wreaking havoc with the already battered SA economy and we fear that many businesses will not survive. We suggest possible strategies to deal with this.

Urgent March   2020 Coronavirus: impact on the workplace
The coronavirus has the potential to have a major impact on the workplace. With the first SA case confirmed, employers need to consider how they should respond to this pandemic.

February   2020 Consulting minority unions over retrenchments?
The ConCourt in Amcu v Royal Bafokeng Platinum had to decide whether s189 of the LRA, which does not require employers to consult minority unions, was unconstitutional.

January   2020 Arbitrator's duty to assist parties
The LAC in Nkomati Joint Venture v CCMA & others considered when an arbitrator has a duty to 'lend a helping hand' to unrepresented parties, to assist them in the process.

December   2019 Do new laws apply retrospectively?
The LC in CCMA v Commission Staff Association & Another considered whether the LRA's new fixed term contract provisions applied to CCMA interpeters' contracts concluded earlier.

November   2019 Transferring to solve a problem
The LC in Walsh v E.Cape Dept of Health was highly critical of the Dept.'s transfer of a CEO in the face of union opposition to his management style, although declining to overturn it.

October   2019 Fuss over secret strike ballots
Since the 2018 LRA Amendments, there has been a lot of confusion over the need for a secret ballot prior to a strike. Worklaw attempts to clarify what the law actually says.

September   2019 Assessing performance during probation
The LAC in Naidoo Ubuntu Education Fund v Paulsen N.O and Others (PA12/17) [2019] ZALAC 56 (15 August 2019) clarified how a lower standard of substantive fairness for probationary employees should be applied.

August   2019 Resigned to resignations
Naidoo & Another v Standard Bank has overruled a previous LC decision on the effect of an employee resigning 'with immediate effect', and whether the employer can institute discipline during the notice period.

July   2019 Derivative misconduct revisited
The ConCourt in Numsa obo Nganezi & Others v Dunlop has reshaped the law on 'derivative misconduct' - this arises from an employee's refusal to provide information about other employees responsible for misconduct.

June   2019 Agency shop fees - a double whammy?
The LC in Matusa v Central Karoo District Municipality & Others had to decide whether an agency shop agreement should be binding on members of a minority union already paying dues to that union.

May   2019 Getting a strike interdict right
The LAC in Amcu & Others v KPMM Road & Earthworks highlighted the need to get the wording of a court interdict sufficiently precise, if the employer brings contempt proceedings for non compliance.

April   2019 Discipline after resignation revisited
The LC in Coetzee v Zeitz Mocaa Foundation Trust & Another has corrected confusion created by a previous LC judgment over an employee's right to resign with 'immediate effect '.

March   2019 Processing discipline timeously
The ConCourt recently in Stokwe v MEC: Dept of Education, Eastern Cape & Others confirmed the need for employers to deal with discipline within a reasonable time period.

February   2019 Need for a fair procedure before suspending?
The ConCourt has ruled in Long v SA Breweries that for a precautionary suspension on full pay, there is no need to allow an employee to make representations before being suspended.

January   2019 Labour law update
There have been many changes to our labour laws that came into effect on 1 January, with amendments to the BCEA & LRA, and new regulations, codes and guidelines.

December   2018 2018 labour law amendments
The National Minimum Wage Act will come into effect on 1 January 2019 and significant amendments to the LRA, BCEA and other labour law statutes have finally been gazetted.

November   2018 A check on restructuring?
The ConCourt's decision in SACCAWU & Others v Woolworths shows that our courts will not just rubber stamp employers' views on the operational need to restructure and retrench.

October   2018 When is language racist?
The ConCourt in Duncanmec v Gaylard & Others has found that strikers singing a struggle song with the words "hit the boer" did not constitute racism justifying dismissal.

September   2018 Minority union rights affirmed
The recent ConCourt judgment in POPCRU v SACOSWU & Others has created concern over organisational rights for minority unions. We discuss the implications of this judgment.

August   2018 Outsourcing - an alternative to labour broking
Proctor & Gamble Manufacturing v Mokadi & Others (LC) highlights outsourcing as a possible alternative to labour broking, following the recent ConCourt decision on 'deeming'.

July   2018 Sexual harassment: silence not consent
The LC in Rustenburg Platinum Mines v UASA obo Pietersen & others sends a strong message that a 'docile' response to sexual harassment should not be interpreted as consent.

June   2018 When to review an award?
The LC judgment in Moses Kotane Municipality v Mokonyama N.O & Another provides useful guidelines on how strong your evidence should be before deciding to review an award.

May   2018 Racism at the workplace
The ConCourt's judgment in Rustenburg Platinum Mine v SAEWA obo Bester & Others provides useful guidelines on what constitutes racism at the workplace, and how to deal with it.

April   2018 Learnings from Lamberti
The High Court in Chowan v AMH & Others recently awarded an employee damages against AMH, Imperial and CEO Mark Lamberti. It's important to reflect on these events and learn from them.

March   2018 Claiming unfair dismissal AND unfair discrimination
The LC in Simmadari v Absa Bank Ltd considered whether an employee can claim unfair dismissal under the LRA and unfair discrimination under the EEA in the same case?

February   2018 Double jeopardy - when is it fair to rehear a case?
The LAC in Mahlakoane v South African Revenue Service had to consider whether, if new evidence comes to light after a hearing, is it unfair to reconvene another hearing?

January   2018 Fair retrenchment vs automatically unfair dismissal?
NUMSA obo members v Aveng Trident Steel (LC) considers, if employees refuse to agree to change working conditions and this ultimately leads to them being retrenched, whether this is automatically unfair?

December   2017 Providing safe work for pregnant employees
The LC in Manyetsa v New Kleinfontein Gold Mine deals with whether an employer's obligation to offer a pregnant employee suitable, alternative employment, requires an employer to guarantee this alternative work.

November   2017 NMW, LRA & BCEA Amendment Bills
The National Minimum Wage Bill and LRA, BCEA Amendment Bills have been gazetted. The LRA amendments include the establishment of an advisory arbitration panel to resolve protracted strikes and strike related violence. We discuss the implications of these amendments.

October   2017 The cost of an hour's strike
An hour's unprotected strike in 2010 led to employees' dismissal. 7 years later the LAC in SACCAWU obo Mokebe & Others v Pick 'n Pay Retailers has ordered their retrospective reinstatement. This case is an interesting case study.

September   2017 Employer's obligation to provide pregnant employees suitable alternative work
Impala Platinum v Jonase & Others (LC) deals with alleged unfair discrimination against a mining company for not guaranteeing suitable alternative work for underground miners who fall pregnant.

August   2017 Challenging the fairness of retrenchment criteria
The employer in Kenco Engineering v NUMSA obo members (LAC) used skills, work performance, attendance and safety records as selection criteria for retrenchment. The union argued that LIFO should have been used.

July   2017 LAC decides 'deemed' employer status
The LAC in NUMSA v Assign Services and Others settles the debate over interpreting s198A(3)(b)(i), which provides that a labour broker's employee is deemed the client's employee when not employed in a 'temporary service'.

June   2017 Using replacement labour during strikes and lockouts
In Sun International Ltd v SACCAWU (LAC) the employer appealed against the LC decision that replacement labour could not be used during a lockout once the strike was over.

May   2017 Remedying the situation when everything goes wrong
The LAC in IDWU obo Linda & Others v Super Group outlines how to review a matter when there is no record of proceedings, and reminds us of factors to consider in deciding sanction.

April   2017 Defining the 'workplace' in the context of inter union rivalry
The Constitutional Court in AMCU & Others v Chamber of Mines of SA & Others provides guidance on what constitutes the "workplace" for the purposes of the LRA.

March   2017 Collective Bargaining and Industrial Action Accord and Draft Code
The Nedlac Accord on Collective Bargaining and Industrial Action and a Draft Code of Good Practice have recently been made public. This newsflash discusses their content and possible significance.

February   2017 More on 'Deeming' and its complications
The recent award in United Chemical Industries Mining Electrical State Health & Aligned Workers Unions obo Mbombo / Primeserv highlights complications arising from a TES employee being deemed a client's employee.

January   2017 Discrimination on Disability
The LC in Smith v Kit kat Group had to decide whether the employer discriminated against an employee based on a disability caused by an attempted suicide.

December   2016 Managing shop stewards
The LAC in SAMWU & Others v Ethekwini Municipality & Others considers the potential conflict between the role of a shop steward and still being an employee.

November   2016 Derivative misconduct taken too far?
The LC in Dunlop Mixing & Technical Services & Others v NUMSA obo Nganezi & Others applies derivative misconduct in the strike context.

October   2016 Contract employees' rights to become permanent
Lolla's Caregiving Agency v Ashley Louw & Others(LC) deals with a claim by a FTC employee to be deemed permanent under s198B of the LRA.

September   2016 Retrenchment consultations - what's required?
The recent LAC judgment in Standard Bank of SA v Letsoalo considers what constitutes proper consultation under s189 of the LRA.

August   2016 SABC - speak no evil, hear no evil
Solidarity & Others v SABC (LC) has attracted much publicity. It looks at the lawfulness of the dismissal of 4 journalists, as opposed to whether they were fair.

July   2016 Can a refusal to obey instructions be a strike?
Mndebele & Others v Xstrata (LAC) raises interesting strike-related issues: is a refusal to obey instructions a strike? What form can ultimatums take? What makes a dismissal for striking fair?

June   2016 Beware inconsistency
Drawing on the recent LAC judgment in Ethekwini Municipality v Hadebe & Others we develop clear guidelines assisting employers to act consistently in disciplinary proceedings.

May   2016 Sexual harassment at the workplace
The recent LAC judgment in Campbell Scientific Africa v Simmers & Others should warn employees that sexual advances at the workplace may be judged harshly by the courts.

April   2016 Racism at the workplace
City of Cape Town v Freddie and Others (LAC ) focuses on racism at the workplace, providing guidelines on free speech and unacceptable conduct.

March   2016 When is arbitrary discrimination unfair?
The LC in Duma v Minister of Correctional Services & Others sheds some light on the new "arbitrary grounds" for unfair discrimination under the EEA, but also muddies the waters.

February   2016 CC says 'no' to invalid retrenchments
The Constitutional Court in Steenkamp and Others v Edcon has shut the door on the debate as to whether an unprocedural retrenchment is 'invalid' rather than unfair.

December   2015 More on union accountability for unprotected strikes
Verulam Sawmills v AMCU & Others takes a further look at trade union accountability for their members' conduct during industrial action.

November   2015 Can parties contract out of the LRA?
Mwelase & Others v Enforce Security & Others LC considers whether parties to an employment contract can contract out of unfair dismissal rights in the LRA.

October   2015 Befuddling labour law amendments
The recent review judgment in Assign Services v CCMA & Others on 'deeming' does little to clarify recent labour law amendments.

September   2015 Does changing service providers trigger s.197?
SATAWU & Another v MEC: Gauteng for Roads & Transport & Others(LC ) considers whether changing service providers constitutes a 'transfer as a going concern' under s.197.

August   2015 'Lay off' by labour broker constituting dismissal
Kelly Industrial Ltd v CCMA & Others(LC) highlights that the practice by labour brokers to 'lay off' employees without pay when between assignments, will not go unchallenged.

July   2015 Union liability for unprotected strikes
The LC in Algoa Bus Company v Transport Action Retail And General Workers Union awarded the employer R1,4 million damages against the Union and its members following an unprotected strike.

June   2015 New Code- 'Equal pay for equal work'
We discuss the new Code of Good Practice gazetted on 1 June 2015 on Equal Pay / Remuneration For Work Of Equal Value.

May   2015 More on s.197 transfers
Employer responses to the LRA's new s198A-D must take into account CWU & others v MTN & Another (LAC) that sheds further light on what constitutes a transfer under s197.

April   2015 Enforcing settlement agreements
The LAC in PSA obo Members v Gwanya NO & Another considers the pitfalls in trying to enforce a settlement agreement as an order of court.

March  2015 New CCMA Rules and Guidelines
The CCMA has updated its Rules and Guidelines on Misconduct Arbitrations. We summarise the key changes resulting from these amendments.

February   2015 SONA on labour legislation
The Presidency released a statement following the President's recent State of the Nation Address (SONA), clarifying what he said about labour legislation developments.

January   2015 12 Key Questions - new LRA
We answer the 12 most important questions arising from the new 'non standard' employment provisions of the amended LRA.

December   2014 Paying full time shop stewards during a strike?
The LAC recently in Ekurhuleni Municipality v SAMWU overturned a 2012 LC judgment that found full-time shop stewards were entitled to be paid during a strike.

November   2014 Can a Union strike over demands for organisational rights outside its scope?
Recent developments suggest employers will face increasing pressure from unions competing for membership, and work stoppages often result. Given this scenario, Bidvest Food Services v NUMSA & Others offers little comfort. The LC had to consider whether a union could strike over demands for organisational rights in a sector outside the scope of the union's constitution.

October   2014 Employer liable for damages
The SCA in MEC for the Department of Health v D recently confirmed that an employee who was raped by an intruder whilst on duty, is not precluded by COIDA from suing her employer for damages.

September   2014 How much advice should an arbitrator give parties?
The LC in Anglo Operations Ltd (Kriel Colliery) v CCMA & Others considered whether an arbitrator has a duty to assist parties in presenting their cases. It also revisits the effect of inconsistency in treating similar cases.

August   2014 LRA Amendment Act summary
The final version of the long debated LRA amendments has been published. We provide a comprehensive summary of the amendments.

July   2014 Tokiso's 2014 Dispute Resolution Digest
Tokiso's Dispute Resolution Digest is published annually and reports on the state of labour dispute resolution in SA. It is essential reading for practitioners. We discuss key findings from this year's Digest.

June   2014 Do strikers accrue leave?
Hot on the heels of the settlement of the platinum strike, we discuss whether workers accrue leave or are entitled to public holiday pay whilst on strike.

May   2014 Polygraphs fail the test?
DHL Supply Chain v Beer N.O. & Others (LAC) revisits the question of polygraph evidence. It will have employers scratching their heads about how to combat stock theft.

April   2014 When does union activity overstep the mark?
The recent judgment in NUPSAW & Others v National Lotteries Board required the Constitutional Court to consider the limits of legitimate union activity. At what stage do aggressively stated demands constitute insubordination and disrespectful behavior?

March   2014 Demands to change the contract - automatically unfair?
The recent LAC judgment in Solidarity obo Wehncke v Surf4Cars deals with automatically unfair dismissals caused by demands to change employment conditions. The LRA amendments will soon alter these sections. We discuss the implications.

February   2014 When is accrued leave forfeited?
Do employees, having not taken leave for many years, have a right on termination to be paid out this leave or is it forfeited? See the LC judgment in Ludick v Rural Maintenance

January   2014 EEA and BCEA Amendments
Substantial labour law amendments are in the pipeline. We discuss the key amendments to the EEA and BCEA, which were passed recently. Their implementation dates have yet to be anounced

December   2013 Criteria for affirmative action appointments
The case of Captain Barnard, a white woman twice refused promotion by the SAPS for affirmative action reasons, has recently attracted much publicity.

November   2013 EEA: national vs regional demographics
Should regional or national demographics be used as employment equity measures ? The Labour Court grappled with this in Solidarity & Others v Dept. of Correctional Services & Others.

October   2013 Constitutional Court holds union liable
The Constitutional Court recently in FAWU v Ngcobo N.O. and Another held the union liable for failing to lodge members' claims within the LRA's time limits. This landmark decision has serious implications for how unions provide services to their members.

September   2013 Lawyers at the CCMA - yes/no?
The SCA has handed down judgment in CCMA v Law Society, Northern Provinces, dealing with the constitutionality of the CCMA's rule 25(1)(c). This rule limits the right to legal representation in CCMA arbitrations about misconduct or incapacity dismissals.

August   2013 Counterclaims for damages against dismissed employees
The recent LAC judgment in Rand Water v Stoop & another deals with an employer's right to counterclaim for damages from an employee challenging the fairness of a dismissal.

July   2013 Employer's right to transfer: LAC muddies the waters?
Employers' rights to transfer employees and employees' rights to resist this, are not clear in the LRA. Read the LAC's views on transfers in Minister of PSA & Another v Kaylor

June   2013 Tokiso's 2013 Dispute Resolution Digest
Tokiso's Dispute Resolution Digest is published annually and reports on the state of labour dispute resolution in SA. It is essential reading for practitioners. We discuss key findings from this year's Digest.

May   2013 Dismissing protected strikers automatically unfair
The LC judgment in SATAWU obo Rune v Bosasa Security is a reminder of the status of protected strikes. Despite the employer describing the employees' conduct as 'absent without permission', the LC ruled that the true reason for dismissal was their participation in a protected strike.

April   2013 Fine time for unions?
The Labour Court in In2FOOD (Pty) Ltd v FAWU and others has fined the union half a million rand for not complying with an interdict and not doing more to curtail a violent, unprotected strike by its members.

March   2013 Watershed for bargaining councils?
The High Court recently in Valuline & others v Minister of Labour & others overturned the Minister's extension of a bargaining council agreement to cover 'non parties'. We discuss the judgment's impact on bargaining councils.

February   2013 Applying section 189A - retrenching lawfully and fairly
The LAC in Revan Civil Engineering Contractors & others v NUM & others recently dealt with a retrenchment in breach of s.189A of the LRA. The LAC adopted a 'two tier' approach, requiring the dismissals to firstly be lawful and only then to consider fairness.

January   2013 Calculating compensation - guidelines
Abritrators deciding on what compensation to award have a difficult task. The LRA requires compensation to be "just and equitable". The LC in Plasticwrap - A Division of CTP Ltd v Statutory Council for the Printing, Newspaper & Packaging Industry & others (2012) 33 ILJ 2668 (LC) had to apply this.

November   2012 Criteria for affirmative action appointments
The recent LAC judgment in South African Police Services v Solidarity obo Barnard (JA24/2010) [2012] ZALAC 31 (2 November 2012) has provided greater clarity on criteria to be applied in making affirmative action appointments.

October   2012 Traditional healers' sick certificates
The recent LAC judgment in Kievits Kroon Country Estate v Mmoledi & others has again brought under the spotlight sick certificates issued by traditional healers.
September   2012 Lessons from Marikana
Since Marikana, unprotected strike action has spread across the mining industry, and strikes are taking place elsewhere. We are currently in the middle of a violent legal strike in the road freight transport sector. We attempt to draw some learnings from these events.
August   2012 Strike violence: A suggested legislative response
The recent tragic events at Marikana mine are a stark reminder of how volatile our labour relations are. Violence accompanying strikes serously threatens our labour relations system and broader society. In this newsflash we focus on the extent to which our labour legislation meaningfully addresses strike related violence.
July   2012 What happens when you don't have direct evidence?
What happens when you dont have a witness who saw the misconduct, but the circumstances infer certain employees committed the offence? What constitutes 'circumstantial evidence' and what is the test to use it as proof? These issues were considered by the LC in POPCRU obo Ndokweni v Maritz NO and Others.
June   2012 Zero tolerance for zero tolerance?
In two review decisions, the Labour Court considered alcohol related cases involving employees dismissed under a 'zero tolerance approach' to such misconduct. In both cases, the employee was reinstated at arbitration; and in both cases, the arbitrator's decision was upheld on review by the Court.
May   2012 New BCEA earnings threshold and war on labour brokers heats up
The BCEA earnings threshold has been increased from 1 July 2012. This is important for the recent LRA Bill covering labour brokers, fixed term contracts and part time employees. Blade Nzimande has also warned of government not doing business with companies using labour brokers.
April   2012 2012 LRA and BCEA Amendment Bills
This newsflash aims to inform Worklaw subscribers of the more important aspects of these draft amendments. Whilst the major focus is labour broking, many other issues have also been dealt with. We have tried to resist (not always successfully) commenting overtly on the merits of the proposed amendments, and our intention at this stage is to give subscribers a factual summary of the key changes.
March   2012 Analysis of Tokiso's 2012 Dispute Resolution Digest
The Tokiso Dispute Resolution Digest is published annually and is a report on the state of labour dispute resolution in South Africa. It is essential reading for all practitioners in this field. Tokiso has kindly agreed to Worklaw using information from the 2012 Digest for this newsflash, which contains a summary of some of its key observations.
Contributors to the 2012 Digest included Steven Friedman, Andrew Levy, Alan Rycroft and Tanya Venter.
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