Posts by bonita

Coetzee v The Zeitz MOCAA Foundation Trust and others [2018] ZALCCT 20 Previous case law In the case of Mtati v KPMG Services (Pty) Ltd (2017) 38 ILJ 1362 (LC), the Labour Court found that, after having resigned by giving notice, an employee is entitled to terminate his or her contract of employment by way…

Chowan v Associated Motor Holdings (Pty) Ltd & others In its decision in Chowan v Associated Motor Holdings (Pty) Ltd & others (2241/16  23/3/2018), the Gauteng Local Division High Court awarded delictual damages to Adila Chowan, former group financial manager of Associated Motor Holdings (AMH), who had been referred to by the chief executive officer…

Introduction The Protection of Personal Information Act 4 of 2013 (“POPI”) was signed on 19 November 2013 and Gazetted on 26 November 2013, which means it is now law.  POPI has significant consequences for all organisations that process the personal information of individuals or juristic persons. A number of companies, despite the introduction of POPI,…

A number of potential legislative changes were published in the Government Gazette on 17 November 2017 and form part of concerted conduct by the Department of Labour in attempting to bring about changes to the labour market and to labour relations and employment law. These are the amendments to the Basic Conditions of Employment Act…

After much speculation and waiting, history was made in Parliament on 28 November 2017, when the National Assembly (“NA”) passed the Labour Laws Amendment Bill (“Bill”), which introduced the right to ‘parental leave’, ‘adoption leave’ and ‘commissioning parental leave’, all three types of leave which were not statutorily regulated.  The aforementioned Bill also provides for…

After much speculation and waiting, history was made in Parliament on 28 November 2017, when the National Assembly (“NA”) passed the Labour Laws Amendment Bill (“Bill”), which introduced the right to ‘parental leave’, ‘adoption leave’ and ‘commissioning parental leave’, all three types of leave which were not statutorily regulated.  The aforementioned Bill also provides for…

SAEWA obo Bester v Rustenburg Platinum Mine and Another (JA45/16) [2017] ZALAC 23 (3 May 2017) Background “On 28 May 2013, the Rustenburg Platinum Mine (“RPM”) dismissed Mr Meyer Bester on grounds of insubordination and making certain racial remarks.  On 24 April 2013, Mr. Ben Sedumedi (“Sedumedi”) and other colleagues held a safety meeting.  While…

There has been an ongoing debate as to whether or not an employer should accept a traditional health practitioner’s certificate as proof of medical incapacity.  Central to this debate, is the wording of the BCEA, and the status and supporting structures of the Traditional Health Practitioners Act 22 of 2007 (“THPA”).  What follows below, is…

Toyota SA Motors (Pty) Ltd v CCMA & others [2015] ZACC 40 Background Toyota SA Motors (Pty) Ltd employed Makoma Makhotla in 2006.  Makhotla failed to report for duty from 28 February to 3 March 2011.  When it became evident that Makhotla would be unable to report for duty, he unsuccessfully attempted to locate his…

Section 6 (4) of the Employment Equity Act 55 of 1998 (“EEA”) provides that:   “a difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one, or combination of the…