INDEX OF PUBLIC NEWSLETTERS
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| October 2024 |
"Fair and objective" selection criteria Disproportionate income differentials Choosing which procedure to use |
| September 2024 |
The Constitutional Court rules on the meaning of "30 days" Is an agreement invalid where one party lacks the authority to contract? Resignation "with immediate effect" |
| August 2024 |
The Constitutional Court rules on the limits of a trade union's constitution Rules for an "inspection in loco" The consequences of a pre-trial minute |
| July 2024 |
Labour Court's jurisdiction to adjudicate procedural unfairness in retrenchment The 'helping hand' principle and hearsay evidence Zimbabwean permit-holders: the effect of the Constitutional Court's ruling |
| June 2024 |
Wrong findings by the arbitrator: when is the award not reviewable? Can the Labour Court award damages suffered in a protected strike? Affirmative action measures: when are they an "absolute barrier"? |
| May 2024 |
When is a retrenchment merger-specific or caused by other factors? Fiduciary responsibility and making a secret profit. How should a decision-maker decide if evidence is true? |
| April 2024 |
When can a contract be set aside because of duress? Is reaching retirement age a fair criterion for retrenchment? Unequal wages: Discrimination on arbitrary grounds |
| March 2024 |
When is reinstatement 'intolerable'? Achieving a balance in restraint of trade agreements Promotions: When does an employer act unfairly? |
| February 2024 |
When is a confession valid evidence? When does the High Court have jurisdiction in labour matters? "In full and final settlement": how binding is a settlement agreement? |
| January 2024 |
Moonlighting and prior disclosure to the employer Jurisdiction and pleadings: some important technical issues Is a contractual bonus part of the minimum wage? |
| November 2023 |
Disability and constructive dismissal Deviations from the disciplinary procedure When a Labour Court review turns into an appeal |
| October 2023 |
When is a political party responsible for the acts of an official? When is an agency shop fee unfair? Constructive dismissal based on psychiatric ill health |
| September 2023 |
Delays in holding a disciplinary hearing Giving an interview to a journalist A fight about a dress code |
| August 2023 |
Can there be a section 197 transfer to several service providers? Dealing with unreliable and untested evidence Accuracy in the number of employees the employer contemplates retrenching |
| July 2023 |
Unfair discrimination and the inherent requirements for a job When is an employer's omission negligent? Holding a second disciplinary hearing |
| June 2023 |
Deciding diametrically opposed versions of the facts Admitting hearsay evidence, allowing a polygraph test Is an employee entitled to commission earned after resignation? |
| May 2023 |
What must be transferred in a transfer of a business 'as a going concern'? What is included in a settlement "In full and final settlement"? Section 158(2): When can the Labour Court arbitrate a dispute? |
| April 2023 |
When is a charge of 'team misconduct' inappropriate? Proving race discrimination Is an employer obliged to investigate all possible causes of misconduct? |
| March 2023 |
Is dismissal for testing positive for using dagga fair? Reinstatement to a fixed-term contract? What is the difference between the 'interpretation', 'application' and 'enforcement' of a collective agreement? |
| February 2023 |
What is 'disciplinary action short of dismissal'? Drafting disciplinary charges Is a restraint of trade transferable? |
| January 2023 |
The Constitutional Court rules on proving 'common purpose' in strike violence Lock-out to force change of a collective agreement? Dishonesty in giving evidence |
| November 2022 |
When must the Labour Court on review intervene? Interest arbitration on wages: how does the arbitrator decide? Unlawful exercise of powers |
| October 2022 |
What if an employee works past the agreed retirement age? Consequences of a failure to apologise Appropriate procedures for employees with mental ill-health |
| September 2022 |
What is a "sufficiently representative" trade union? Fairness in competition for restructured jobs Rescission of a court order |
| August 2022 |
Inconsistent about consistency? The right of an unrecognised union to represent members Can documents constitute evidence? |
| July 2022 |
When is a transfer a demotion? Dismissal for regular use of cannabis The reasonableness of mandatory vaccination policies |
| June 2022 |
Compensation claimed by the employer during a protected strike Can an employee change the desired remedy? Is a voluntary severance package a "benefit"? |
| May 2022 |
'Trial by ambush' Deemed dismissal and interpreting the BCEA's leave provisions Constructive dismissal and mental ill-health |
| April 2022 |
Effect of continuing to work after the expiry of a fixed-term contract Discriminatory inherent job requirements The employer's liability to pay essential service wages during lockdown |
| March 2022 |
What must be proved before an interdict can be granted? ConCourt rules on public sector wage dispute Latest decisions on mandatory vaccination policies |
| February 2022 |
Misconduct outside the workplace Sexual harassment by an employee of a member of the public When is a secondary strike unreasonable? |
| January 2022 |
Taking sick leave to watch rugby Mixing procedural & substantive fairness Proving gender discrimination |
| November 2021 |
Intolerable or unbearable? The test for reinstatement Can an employee refuse to testify at an arbitration? The test for demarcation disputes |
| October 2021 |
When is a miner justified in refusing to work? Mental health issues in the disciplinary process Can the Labour Court intervene in pre-retrenchment facilitation and consultation? |
| September 2021 |
The ability to speak Chinese: a fair inherent requirement for a job? When is reinstatement required for an unfair dismissal? When should costs be awarded in labour disputes? |
| August 2021 |
Calculating severance pay for employees after retirement When can the employer interfere with the decision of the Chairperson? When does an accident arise 'out of' employment? |
| July 2021 |
No compensation for procedural unfairness? When inconsistency does not render other discipline unfair When can an employer use a maximum age requirement to exclude other meritorious applicants? |
| June 2021 |
Which court? Labour Court or High Court? Lifting the corporate veil Is the Prescription Act inconsistent with the LRA? |
| May 2021 |
Can an employer give a bonus to non-strikers for work done during the strike? Dismissal for representing another employee? Is 'ubuntu' a defence to dishonesty? |
| April 2021 |
Assessing the lawfulness of affirmative action measures Insubordination: can an employee respond forcefully to allegations? When is reinstatement not 'reasonably practical'? |
| March 2021 |
When is an employer liable for an assault at the workplace? Is a disciplinary rule known? How should it be interpreted? When an arbitrator does not apply her/his mind |
| February 2021 |
Suspension as a holding measure Dismissal for refusing to come to work during the pandemic Appointments made irregularly |
| January 2021 |
Can strikers who comply with an ultimatum be dismissed? Public sector wage dispute Recurring discrimination cases Do pickets fall under the Regulation of Gatherings Act? |
| November 2020 |
Who can represent an employer at the CCMA? Dismissal for cannabis use Consultation as a two-way street |
| October 2020 |
When is a transfer a "going concern"? Retrenchment consultation in a time of Covid-19 Striking for health and safety during Covid-19 |
| September 2020 |
When is inconsistency a basis for unfairness? Retrenchments without a business rescue plan The 'helping hand' principle |
| August 2020 |
Resolving incompatibility through retrenchment Contempt of court for not complying with strike interdict A transfer of a business as a going concern |
| July 2020 |
When is 'possession' theft? When a fixed-term contract overruns the end date The LAC rules on Agency Shop Agreements |
| June 2020 |
Racism by a customer towards an employee Refusing to undergo a polygraph test Is filing a grievance 'taking action' against the employer? |
| May 2020 |
Frivolous Covid-19 litigation Compensation when resignation offered 'Automatic' termination of employment |
| April 2020 |
Unions are limited by their own constitutions Fairness in a re-grading process An offer of alternative employment |
| March 2020 |
'Contemplating' retrenchment Theft and Unauthorised possession Something an individual employee cannot do |
| February 2020 |
Trying to alter a written agreement Getting out of a promised pay increase When is a failure to promote an unfair labour practice? |
| January 2020 |
By-passing labour inspectors to get to the Labour Court Policies which change the retirement age Having a second shot in another court |
| November 2019 |
Using Facebook during annual leave Pre-strike ballots "She said, he said" - contradictory evidence in sexual harassment cases |
| October 2019 |
When is an employer liable for its employee's actions? When can a settlement agreement be set aside? Proving a breakdown of the employment relationship |
| September 2019 |
How specific must disciplinary charges be? The LAC rules on hearsay evidence Dismissal of an employee in prison |
| August 2019 |
Dismissal for ill-health: The reciprocal duties of employer and employee Where a sanction is in excess of the recommended sanction Once again: proving that the trust relationship has been broken |
| July 2019 |
When is a retrenchment arising from a restructuring an automatically unfair dismissal? Weapons and Picketing Union organising in industries not included its constitution |
| June 2019 |
Is there an obligation to consult with a minority union before retrenchment? The end of a long saga: Compensation for unprocedural retrenchment Is a grading dispute a promotion dispute? |
| May 2019 |
When an arbitrator fails to understand the nature of the dispute Insourcing (not outsourcing) - when is it a transfer of a business? Termination of employment when a client terminates its contract with a service provider |
| April 2019 |
Interpreting a collective agreement Agreement to use private arbitration rather than CCMA Testing positive for dagga taken out-of-work |
| March 2019 |
Alleging racism When will a court overturn an arbitration award? Technicalities in claiming backpay |
| February 2019 |
Hearsay evidence Discrimination and the normal retirement age Overturn a disciplinary sanction on appeal |
| January 2019 |
Is it constructive dismissal if a threat of discipline is made? Accommodating religious beliefs Identifying who is on strike Failing to meet a condition of continued employment |
| November 2018 |
When political parties take over the role of a trade union The remedy when the place of employment is unsafe and unhealthy Prescription of an arbitration award |
| October 2018 |
The legalisation of private dagga use A new take on inconsistency Proving incompatibility |
| September 2018 |
Does ulterior motive or malice disqualify a protected disclosure? Does an employer have the right to set educational qualifications for a job? When does interest accrue on a compensation order? |
| August 2018 |
Labour broking: when the client is the sole employer Proving misconduct is not the same as proving a crime Does reinstatement include remuneration after the date of reinstatement? |
| July 2018 |
Where disability and misconduct are intertwined Incapacity arising from persistent intermittent absence from work When can an arbitration award be reviewed? |
| June 2018 |
Fairness and treating different groups of strikers differently When is a grievance a protected disclosure? Can costly mistakes be rectified? |
| May 2018 |
When is a retirement policy unfair discrimination? Expanding the definition of demotion |
| April 2018 |
The final word on prescription? What to do when faced with diametrically opposed versions of the same event The test for derivative misconduct confirmed |
| March 2018 |
The prerequisite of conciliation before adjudication Must a protected disclosure be factually accurate? Discrimination on an arbitrary ground |
| February 2018 |
Cost orders in the labour courts Uber drivers: employees or independent contractors? Non-renewal of 3 000 fixed-term contracts: are pre-retrenchment consultations necessary? |
| January 2018 |
Not 'reasonably practicable' to reinstate Compensation for procedural unfairness Failing to issue a pre-retrenchment s 189(3) notice |
| November 2017 |
Applying for a job in a restructuring exercise Arbitrator bias and inconsistency Are illegal and invalid dismissals covered by the LRA? |
| October 2017 |
Recovering overpaid remuneration The obligation to consider alternatives to retrenchment The consequences of the termination of a collective agreement |
| September 2017 |
Disregard for a known workplace rule When an interdict will not be granted Misrepresenting qualifications not required for the job |
| August 2017 |
Who is an employee in the gig economy? How long must you wait for a late arbitrator? You snooze, you lose |
| July 2017 |
Union membership thresholds An obligation to discipline? Prescription of claims against the employer (again) |
| June 2017 |
Challenging an appointment Employment conditional on a security check Rights of an unsuccessful job applicant |
| May 2017 |
The final word - proving a breakdown in the trust relationship? Automatic termination of employment contract - part 1 Automatic termination of employment contract - part 2 |
| April 2017 |
Discrimination on an arbitrary ground Disability Discrimination Is a member of a co-operative an employee under the LRA? |
| March 2017 |
Disciplinary hearing in the employee's absence Is ceasing to be a full-time union rep a demotion? Prescription and employment disputes |
| February 2017 |
When does a restraint of trade agreement become unreasonable? Workplace performance: time to improve Offering an alternative sanction - dismissal or demotion |
| January 2017 |
Importance of the form of contract Unauthorised absenteeism Non-disclosure of criminal record |
| November 2016 |
Racism in the work place: The 'K' word Transfer: business or service? Transport for night shift employees |
| October 2016 |
'Caveat subscriptor' - let the signer beware! Witchcraft and misconduct 'Not reasonably practicable' |
| September 2016 |
Is an agreement not to use the CCMA or courts valid? Is a Labour Court writ necessary before a CCMA award can be enforced? The Constitutional Court considers garnishee orders |
| August 2016 |
Procedural fairness and the unprotected strike Damages for breach of contract under the BCEA The fairness of a disciplinary rule |
| July 2016 |
The Constitutional Court rules on demographics for Employment Equity Plans Can an employee choose any representative in a disciplinary hearing? Workplace rules must be known and clear |
| June 2016 |
Refusing a transfer: the borderlines of insubordination The role of disciplinary warnings Moonlighting: when is this allowed? |
| May 2016 |
Extending collective agreements to non-members Can a violent protected strike be declared unprotected? Employee of a church or servant of God? |
| April 2016 |
Categorising the dispute correctly Extending a collective agreement to non-members of the majority union High Court or Labour Court? |
| March 2016 |
What kind of duress results in an agreement being cancelled? Proof of the breakdown in the trust relationship Difficulties in proving wage discrimination |
| February 2016 |
Affirmative action: why the SAPS got it wrong Garden leave? Another kind of notice period Is the 'old' employer in a s197 transfer still bound by contractual obligations? |
| December / January 2016 |
The consequences of delays in pursuing a review application What happens to the employees when a service agreement terminates? The consequences of not participating in pre-retrenchment consultations |
| November 2015 |
Refusing to bargain with a minority union Prescription of arbitration awards Section 197A: Insolvency, smoke and mirrors |
| October 2015 |
The right to hire replacement labour during a lock-out. Dismissal for refusing to take a medical examination Invalid Disciplinary Code in the municipal sector |
| September 2015 |
What can be expected of a probationary employee? Extending a retrenchment agreement to non-parties Is an agreement to allow polygraph testing binding? |
| August 2015 |
Is 'zero tolerance' fair? Must the commissioner refer to all evidence led? Good faith & derivative misconduct |
| July 2015 |
'Deemed to be the employer' Salary attachment orders Constructive dismissal: the danger of resigning in haste |
| June 2015 |
The fairness of appraisal systems for a discretionary bonus The obligation of an employer to provide transport for employees working after 18h00 What does a reinstatement order cover? |
| May 2015 |
Can an employer lock-out non-striking employees? When is an agreement to demote an unfair labour practice? Contracts providing for 'automatic' termination of employment |
| April 2015 |
Regional or national demographics? Accommodating an incapacitated employee Unfair discrimination: refusing maternity rights to a male employee |
| March 2015 |
Invalid or unfair? The LAC declares 2 previous LAC decisions wrong When can a union bind its members in a retrenchment consultation? Resignation v Retirement |
| February 2015 |
Employer consistency: what are we comparing? Negligence vs gross negligence - what's the difference? |
| December / January 2015 |
Independent contractors or employees? Team misconduct: what must an employer prove? Communicating the strike ultimatum |
| November 2014 |
Inconsistency as part of fairness Refusing to answer questions: when can an adverse inference be drawn? Disclosure of the arbitrator's conflict of interest |
| October 2014 |
Refusing legal representation at the CCMA You snooze, you lose Errors in the arbitration award reviewable? |
| September 2014 |
Can merit ever trump an affirmative action policy? Interdicting the employer from dismissing When a lock-out survives a strike |
| August 2014 |
Does bumping form part of LIFO? Substance and not form: deciding whether a business has been transferred as a going concern. The employee's obligation to prove there was a dismissal |
| July 2014 |
Proving contempt: the LAC rules on FAWU's R500 000 fine. Public disclosure by an employee, institutional damage to the employer. |
| June 2014 |
Reinstatement into a restructured post? What weight should a lack of remorse and dishonesty be given as aggravating circumstances? The SCA rules on a 'deemed dismissal' |
| May 2014 |
Skyping in a disciplinary hearing 'Unwelcome' conduct of a sexual nature The dangers of re-employing a retired employee |
| April 2014 |
Ducking the employment relationship Dishonesty in the application process Can you appeal a review decision if you did not oppose the matter? When can a judgment on appeal be implemented immediately? |
| March 2014 |
Clear thinking on consistency 'He said, she said': Relying on Hearsay evidence Dismissing a probationary employee Prescription - again |
| February 2014 |
The SCA rules on absenteeism to train as a sangoma The consequences of delay in challenging irregular appointments Does majoritarianism prevent collective agreements with minority unions? |
| December / January 2014 |
Insubordination or legitimate trade union activity? The unreasonable arbitrator as a ground for review Can arbitrators' awards prescribe? |
| November 2013 |
Is a collective agreement valid if it discriminates unfairly? A labour broker's obligation to provide work Procedural fairness in an unprotected strike |
| October 2013 |
Does an employee's freedom of conscience allow a refusal to obey instructions? Lock-outs: limitations and consequences Settlement agreements and orders of court |
| September 2013 |
When is a dispute a 'matter of mutual interest'? Unfair dismissal - but no reinstatement or compensation? Justifying a restraint of trade |
| August 2013 |
Family responsibility leave - what are the limits? Proving facts at arbitration: When is it fair to disregard evidence of a vehicle recovery device? When can a whistle-blower prevent a disciplinary hearing? |
| July 2013 |
What constitutes a 'meaningful joint consensus seeking process' in a retrenchment under section 189 of the LRA? The requirements for a fair ultimatum during an unprotected strike Can an employer compel an employee to work in an 'acting' capacity? |
| June 2013 |
'Deductions from employees' remuneration - what are the limits?' |
| May 2013 |
What constitutes 'bias' by a commissioner? Secondary strikes: what are the legal requirements? |
| April 2013 |
The SCA rules on dreadlocks Trade union liability for not representing its members When can you rectify a written agreement? |
| March 2013 |
Fairness and the missing employee The dilemma of the solitary striker Does the CCMA have to decide jurisdictional challenges before conciliating? |
| February 2013 |
Holding a second disciplinary hearing Joining the new employer to the dispute against the old employer Do franchise agreements fall outside the scope of s 197 of the LRA? |
| December / January 2013 |
Overturning irregular appointments A return to the 'reasonable employer test'? Two companies, one employer? |
| November 2012 |
When can a lawyer represent a party at the CCMA? Treating non-union employees differently Compensating age discrimination |
| October 2012 |
Strike notice: who has to give it? Payment for full-time shop stewards during a strike Misrepresentation & settlements 'in full & final settlement' |
| September 2012 | Appointments and Promotions |
| August 2012 |
Settlement agreements. The consequences of not providing an interpreter during arbitration. Whether employees who have resigned from a trade union are bound by a collective agreement signed by that trade union. |
| July 2012 |
Is it okay to use polygraphs in recruitment? The limits of constructive dismissal How does one go about changing conditions of employment in a large organisation? |
| June 2012 |
When is an employer bound by contracts entered into by an employee? Terminating a fixed term contract before the completion of the project Trade union liability for damages caused during union gatherings |
| May 2012 |
Is a transfer of shares a transfer of a business as a going concern? When is a disciplinary matter 'urgent'? When is a restraint of trade unreasonable? |
| April 2012 |
What is the effect of making a settlement agreement an order of court? When is a company bound by the actions of a director? A transfer of a business as a going concern |
| March 2012 |
Must one accept expert evidence uncritically?
Changing shift patterns The limits of short-time |
| February 2012 |
Dismissal for refusing an illegal instruction
Challenging an order for back-pay Publishing criticism about your employer |
| December / January 2012 |
NOTICE: Domestic workers' wages
Do all strikers have to give notice of the strike before they are protected? Unilateral reduction in salary |
| November 2011 |
What happens when the arbitration transcript is missing?
The employee's duty to assist the employer in a disciplinary hearing |
| October 2011 |
Dreadlocks on appeal
Changing demands during a strike Misrepresentation on a CV |
| September 2011 |
Constructive dismissal: what must a commissioner decide?
Turning to the technical point: the test for review in constructive dismissal cases The case of polygraphs and extended suspension Independent contractor or employee? |
| August 2011 |
During the strike: leave, public holidays, and benefits
1. Is it correct to say that a strike 'suspends' the employment relationship? 2. If the rule is 'no work, no pay', does this extend to benefits? 3. If there is a public holiday during a strike, must an employer pay for this in terms of s 18 of the BCEA? |
| July 2011 |
When does a change to the method of performing work amount to a change to terms and conditions of employment?
Deviating from the Chairperson's disciplinary sanction Do illegally employed foreigners fall under the LRA? |
| June 2011 |
Assessing the fairness of the decision to retrench
When is an acting allowance a 'benefit'? |
| May 2011 |
Non-attendance at a con-arb in the CCMA
Dispensing with a disciplinary hearing |
| April 2011 |
Reason for dismissal : sending a clear message to other employees that conduct unacceptable
Expired warnings expired : or not really Dealing with workplace racism |
| March 2011 |
Constitutional Court judgement opens the door for mine workers to sue their employers for health damages
Discrimination on grounds of HIV A transfer as a going concern? - or a new company starting up? |
| February 2011 |
The SCA speaks on second-generation outsourcing
Restructuring to generate greater profits |
| December / January 2011 | Can a client refuse to 'reinstate' a labour broker's employee? |
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